HomeMy WebLinkAbout1999 04-20 CCP Work Session AGENDA
CITY COUNCIL WORK SESSION
APRIL 20, 1999
7:00 P.M.
CONFERENCE ROOM B
1. Overview Presentation of Materials and Issues
2. City Council Questions and Discussion
3. City Council Direction for regular meeting presentation
4. Other business
5. Adjourn
.II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 E 1 1 1
BUILDING ASSESSMENT STUDY
City of Brooklyn Center
Dated: February 1, 1999
Revised March 9, 1999
BUILDING ASSESSMENT STUDY DATE: MJORUD ARCHITECTURE
City of Brooklyn Center ma's 'm 12400 12th Avenue North
6301 Shingle Creek Parkway commssm TITLE SHEET
Brooklyn Center, Minnesota 55430 NO. 98104 Minneapolis, Minnesota 55441
Page No. 1
3 City of Brooklyn Center
' A great place to start. A great place to stay.
To: Mayor Kragness Council Members Hilstrom, Lasman, Nelson and Peppe
' From: Michael J. McCauley
City Manager
Date: April 15, 1999
' Re: Building Options
' 1. Overview of Needs:
' a) City Hall building system component issues:
- Heating, ventilation, and air conditioning need replacement and installation of
' ducted returns: air quality was one of the issues raised in the building needs analysis
for a new police station (as indicated in report: poor air distribution, dirty duct work
with presence of dirt, microbes, fiberglass and/or asbestos; inadequate fresh air in
' system and a facility that was designed for fewer people)
t - roof has reached its useful life and needs to be replaced
- inadequate wall insulation, poor windows, need for roof insulation City Hall (onnly
' the roof insulation would be addressed in Design 1)
- City Council chambers has inadequate cable casting equipment and poor audio
' visual capabilities
- structural cracking in corridor to assessing area (may be left alone ?)
- need to remove non-compliant cables from past systems stems that are flammable
P p
' - electrical service needs upgrade to handle increased electronics
' b) Community Center building needs:
- wading pool requires reconstruction of separate filtration system and other
improvements
- deteriorating brick along south wall: need to address moisture damage from freeze-
, 6301 Shin •
Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 City Hall &TDD Number (612) 569 -3300
' Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
'
' thaw cycles
' - poor ventilation and brick deterioration in penthouses on Community Center and
lack of insulation
c) Americans With Disabilities Act (ADA)
' - both buildings do not provide access to meet current standards or even reasonable
access to programs and especially to rest room facilities
- City is well past dates for compliance and planning to meet ADA requirements
d) General Community Space
' - need mores ace for community activities such as senior cards after school youth,
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community organizations: representation to public was that we would carve out some
additional community space: this can be accomplished either in the community
center or in City Hall
' e) General Space Needs
' - need more conference room space: find shortage of meeting space, especially
during audit and construction season
- need to have contiguous space for operations
- ie: - engineering has files and equipment in two separate areas
- community development is in 3 separate areas
t - need additional office space
- fire chief and secretary share small office and several other
offices are inadequately sized
' - need to modify 1 st floor and provide for citizen service that is staffed on 1 st floor
' f) Finances
- Minimum estimate to address required/needed work is $2.4 Million
' - remodeling is inexact process: remodeling always reveals unanticipated problems
- have identified potential funds for $2.4 to $3.1+ Million in project funds
g) Time line
' - need to address these building issues now:
- ADA non - compliance is a lawsuit waiting to happen
'
'
- roof and HVAC are on end of useful life
' - not reasonable to address HVAC issues for one group of employees
and not others
' - decision on direction needed by end of June to be positioned for 2000 construction
- need to know direction to design parking lot improvements intime for this year's
' construction
' 2) OVERVIEW OF OPTIONS
The 3 options contained in the architect's report may be summarized as:
' Design 1 Do what has to be done to fix the buildings and use the space vacated
by police.
Design 2 Address accessibility at the Community Center by creating a functional
1 st floor entrance and locker area.
Design 3 Address accessibility by providing a new building, rather than
' substantially invest in extending the life of the existing City Hall and
provide the 1 st phase of a master plan to replace the Community Center
when the life of the pool is used and the bonds for police & fire are
retired to free up bonding capacity.
' On the following page is an overview of the basic processes that would be followed depending on
the direction from the City Council:
Choices of Direction
' 000 INS
Refer 3 options to Financial & Park & Rec.
Commissions
Chose fix option now. community presentations
' surveys of community
I
1
' Survey on components
recommendation from Park & Rec. Public Meeting
Council Decision on recommendations
o�
i
Y 01
' Design Project
A oo �' �►
Fix Option Addition Option New Bldg. Option
.� 00
' Design Option Chosen
1
1
If the decide to fix option is chosen now, as opposed to presenting all three design options to the
community for input, the suggested process would be to:
1) describe the project's scope in the City newsletter
2) set up an information display in the Community Center and City Hall
3) prepare and distribute survey forms with options consistent with the anticipated budget:
-
survey: increasing ace at Community Center v. some commu ace at Cit
i Y g s p tY n s p Y
Hall
- pros and cons:
- increasing space at Community Center (move rec. admin to City
Hall) means space:
- open when Community Center is open
- creates a larger amount of total space for events at
Community Center
- using portion of City Hall for community room would be on lower
level, but not open same days/hours as the Community Center
- survey to prioritize improvements within budget:
- 1 -2 kitchenettes
- family locker space
- remodel locker rooms
- sub - divide space on 2nd floor
- eliminate snack bar (go to all vending)
4) request recommendation from Park & Recreation Commission
If the Council chose to seek input regarding community preference among the 3 options, the
suggested process would involve several components:
I 1) referral to the Financial and Park & Recreation Commissions for their review and
recommendation
' 2 staff oin out into the community at churches civic groups, school groups to outline
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the options and solicit input in the form of written surveys and comments similar to forms
used for police & fire
3) publicizing the process through cable television, City Newsletter, and displays at City Hall
and Community Center
1
4) public informational meeting in June using MnDOT format
5) City Council selection of option at June 28th Council meeting
3. ISSUES RAISED AT LAST WORKSHOP
' 1 Retrofittin g the swimming pool to more recreational uses.
gp
' Mr. Glasoe (please see attached memorandum for detail) has researched the cost of
adding amenities to the existing pool. Using movable bulkheads, the threshold cost
' would be around $400,000 to start changing the pool to a zero depth pool in one
portion, leaving the balance in its current depth and configuration. Pouring
permanent concrete bulkheads would be less expensive, starting in the $250,000
' range. Water amenities range from $4,000 to $40,000 per amenity.
2) Wading pool usage.
' As indicated in Mr. Glasoe's memorandum, specific use of the wading pool can be
approximated from admissions and lessons at 9,600 in 1998 exclusive of family
' membership patronage.
3) Public - private partnership opportunities.
Ms. Finn in her memorandum outlines several public- private recreational
' partnerships. Mr. Glasoe attempted to discuss this issue with sports facility operators
and did not receive return calls. The City of Shoreview recently rejected the concept
in favor of retaining the public and open flavor of their community center. As
' indicated in the materials, the Plymouth model results in a sports facility with higher
fees.
' 4) Energy savings.
Mr. Glasoe's review of energy savings quantification proved to be elusive. Many
' variables impact on exact numbers. Increased size utilizes energy, while more
efficient systems and insulated walls etc. reduce consumption.
' 5) Lack of impact on Community Center with Design 1 (Fix)
An increase in the budget for Design 1 would result in the opportunity to improve
facilities within the Community Center. Kitchenettes could be put into new
community rooms created with removal of stairs in Community Center, lighting,
' family changing room, etc.
SUMMARY
The accessibility, roof, HVAC (heating, ventilation, and air conditioning), and other physical needs
have coalesced at this point in time to present a major need for improvements. The cost of the
combination of needs is close to the cost of new construction. As indicated previously, staff felt,
upon receiving the cost estimates to address the numerous issues, that it was worth comparing fixing
with the cost of a new structure. There are advantages and disadvantages of the options. The request
of the Council is to direct which process you would like followed so that these needs can be
addressed. The options can be modified in several ways as shown in the following chart. The basic
' floor is $2.4 Million and the ceiling is around $3.3 Million ( a ceiling of $3.1 Million is more
sustainable). Addressing these needs is the crucial issue. Design Option 1 has fewer potential issues
of public comprehension. Design Option 3 is the most cost effective and provides the most benefit,
but may be difficult to be understood as the most cost effective.
t
M M M M M M M M M M M M M M M M M M M 1
Opti4�ix Option_ 2 Addition Optio 3 New Bldq.
Master Plan Develop in 2007 -8 Develop in 2007 -8 Design to accomodate options
All options available Greater investment made in current Develop repl. plan for Comm. Center in 2007 -8
ADA investment Make 2 bldg. on 4 levels Make 2 bldg. on 4 levels compliant 1 bldg. provides major accessibility
compliant components for 2 bldgs.
Risk of Overrun High High Moderate
remodel remodel & ;soil issue
need for (easier to control and estimate
more ADA than estimate
Life of Improvements Community Center 10+ Community Center 10+ .Community Center 10+
City Hall longer than 10 Lockers 20 depending on pool New Space > 30+
City Hall longer than 10
Total Cost: $2.4 M for fix -up $3 M for addition & fix -up $3+ M, most for new bldg.
Future Cost: 2 new bldgs. 2 new bldg or expensive rehab. 1 new bldg., some retrofit of bldg.
Community Space Some additional: similar to Plan 1 & new lockers & 10- 12,000 sq. ft. + stair area
(stair area in Comm. Center exercise space
some by moving or in basement
Efficiency marginal improvement marginal improvement contiguous space, unified operations
operations on 2 floors operations on 2 floors
Access /Customer Service Improved Improved (General 1st floor for everything
Council on upper level Council on upper level away off central entrances
away from parking from parking unified customer service
better to pool & Const. Hall
Wading Pool fix new fix
Storage good good less
Main Pool same improved access same
1st floor access 1st floor access
Energy marginal improvement marginal improvement energy efficient bldg.
insulated roof insulated roof
Impact during construction of a lot some
' Timeline for Building Options Review
April May June
Council June 28th
' April 26th: Council Direction
Formal Presentation
Referral to Commissions
Commissions Review Written Recommendation
and
Oral presentation June 28th
' Newsletter Article
Display City Hall City Hall
Community Center Community Center
' Meetings churches churches
schoolgroups school groups
' community groups community groups
Informational at
Constitution Hall
' week of June 21st
Cable Television Cable Television Cable Television
I
' Survey available/ bldg. & mtgs. available/ bldg. & mtgs.
Timeline for Fixing Existing
April May June July
' Council
April 26th: Council Approves options
Formal Presentation
Referral to Commissions
' Commissions Review Written Recommendation l
I
' Newsletter Article j
I
Display City Hall City Hall
Community Center Community Center
Cable Television Cable Television Cable Television
' Survey i available/ bldg. available/ bldg.
I �
Design Proceed based on input.
New Community
Office Space
1,000 sq. ft. smaller base
I
Option 2
Addition
iYIIGrIIWIliulilWiYIVtiVWoWiiiiiiV 'ui. it
l
Delete Exercise Option
i
Additional Comm Center
Fix Option Improvements
$2.4 $2.5 $2.6 $2.7 $2.8 $2.9 $3 $3.1 $3.2 $3.3
MILLIONS
' TO: Michael J. McCauley, City Manage
' FROM: David Fisher, Building Official
DATE: April 7, 1999
SUBJECT: Accessibility Issues at City Hall
You have asked me to provide you with information regarding accessibility issues at City Hall.
The following information is a result of my calculations based on the current conditions in the
existing building as they relate to current UBC Code /ADA/State Accessibility Code
requirements:
Public Buildings Definition
' "Public Building, means a building and its grounds the cost of which is paid for by the
state or local government or any department, agency, special purpose district, or other
instrumentality of the state or local government."
Restroo Facilities
m sties
1. Based on the square footage of the upper level of City Hall, there is a minimum
' requirement of four water closets for male and female restroom facilities. One of the
stalls in each restroom must meet accessibility code requirements for size, entry,
grab bars etc. Based on the square footage of the lower level of City Hall (currently
the Police Department), there is a minimum requirement of three water closets for
male and female restroom facilities. Again, one of the stalls in each restroom must
meet accessibility code requirements.
2. Based on the square footage of space utilized for Constitution Hall on the lower level
' of the Community Center, there is a minimum requirement of six water closets for
female restroom facilities and three water closets for male restroom facilities. One of
the stalls in each restroom must meet accessibility code requirements. The upper
t level of the Community Center requires two water closets for each male and female
restroom facility, one of which must meet accessibility code requirements. This does
' not include requirements for the locker rooms, pool area, weight room and office in
the lower level of the Community Center.
The existing restrooms do not have 18 inches on the pull side of the door, do not have the five
' foot turning radius within the bathroom or the stall, and the grab bars do not meet code.
' Doorways
1. Most office doorways on the upper level of City Hall meet accessibility code
requirements with the exception of a few. Most office doorways on the lower level of
' City Hall (the Police Department) do not meet accessibility code requirements.
' Elevator
1. The existing elevator in City Hall does not meet today's code requirements and
' should be addressed.
2. An elevator is required at the Community Center for access from both levels.
Miscellaneous Structural Concerns
' 1. The hallway leading to Assessing shows evidence of a structural crack which must be
addressed. Also this corridor leads to a "dead end" and must also be addressed.
Needs to have an exit to the exterior.
2. The back interior stairwell entry to City Hall (located by the Police Department
entrance) does not meet accessibility code requirements. The rise is 7 %a inches and
the run is 11 inches. The UBC allows a maximum rise of 7 inches. Also, the handrail
does not meet current code requirements. The interior stairwells in the Community
Center used for access to and from Constitution Hall, pool observation deck and
' locker rooms also lack current code requirements for the same reasons.
Accessible Parking
1. The existing accessible parking for City Hall and Community Center does not meet
today's code requirements and should be addressed. Quantity of parking stalls & van
accessible parking stalls is inadequate.
Mechanical Svstem
' 1. The existing mechanical system is inadequate in City Hall.
2. Pool ventilation equipment is not working properly and this is a big contributor to the
structural problems in the pool area.
Insulation
' 1. Walls, windows and roofs do not meet today's energy code requirement.
The State of Minnesota plans to adopt a new accessibility code in May of 1999 which may
influence changes and updates further. In my opinion, in view of all necessary upgrades that will
be required for accessibility compliance, it may be cost effective to demolish the building and
' build a new facility that will meet today's code requirements.
' If you need any additional information, please contact me.
�A Questions and Answers http:// www .usdoj.gov /crt/ada/gandaeng.htm
U.S. Equal Employment Opportunity Commission
U.S. Department of Justice Civil Rights Division
' Americans with Disabilities Act
Questions and Answers
Barriers to employment, transportation, public accommodations, public services, and telecommunications have
imposed staggering economic and social costs on American society and have undermined our well- intentioned
efforts to educate, rehabilitate, and employ individuals with disabilities. By breaking down these barriers, the
' Americans with Disabilities Act (ADA) will enable society to benefit from the skills and talents of individuals
with disabilities, will allow us all to gain from their increased purchasing power and ability to use it, and will
lead to fuller, more productive lives for all Americans.
The Americans with Disabilities Act gives civil rights protections to individuals with disabilities similar to
' those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees
equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State
and local government services, and telecommunications.
Fair, swift, and effective enforcement of this landmark civil rights legislation is a high priority of the Federal
Government. This booklet is designed to provide answers to some of the most often asked questions about the
ADA.
For answers to additional questions, call the ADA Information Line
800-514-0301 voice
51 301 ( )
' 800 - 514 -0383 (TDD)
Additional ADA resources are listed in the Resources section of this document, page 30.
' July 1996
Employment
' Q. What employers are covered by title I of the ADA, and when is the coverage effective?
A. The title I employment provisions apply to private employers, State and local governments, employment
agencies, and labor unions. Employers with 25 or more employees were covered as of July 26, 1992. Employers
' with 15 or more employees were covered two years later, beginning July 26, 1994.
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' Q. What practices and activities are covered by the employment nondiscrimination requirements?
A. The ADA prohibits discrimination in all employment practices, including job application procedures, hiring,
firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It
applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment- related
activities.
Q. Who is protected from employment discrimination?
' A. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes
applicants for employment and employees. An individual is considered to have a "disability" if s/he has a
. physical or mental impairment that substantially limits one or more major life activities, has a record of such an
' impairment, or is regarded as having such an impairment. Persons discriminated against because they have a
known association or relationship with an individual with a disability also are protected.
' The first part of the definition makes clear that the ADA applies to persons who have impairments and that
these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing,
performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV
' infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability
is covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, broken
limb, or the flu, generally would not be covered.
' The second part of the definition protecting individuals with a record of a disability would cover, for example, a
person who has recovered from cancer or mental illness.
' The third part of the definition protects individuals who are regarded as having a substantially limiting
impairment, even though they may not have such an impairment. For example, this provision would protect a
qualified individual with a severe facial disfigurement from being denied employment because an employer
' feared the "negative reactions" of customers or co- workers.
Q. Who is a "qualified individual with a disability ?"
A. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other
requirements of an employment position that s/he holds or seeks, and who can perform the oeessential
' functions! of the position with or without reasonable accommodation. Requiring the ability to perform
"essential" functions assures that an individual with a disability will not be considered unqualified simply
because of inability to perform marginal or incidental job functions. If the individual is qualified to perform
essential job functions except for limitations caused by a disability, the employer must consider whether the
1 individual could perform these functions with a reasonable accommodation. If a written job description has been
prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence,
although not conclusive evidence, of the essential functions of the job.
Q. Does an employer have to give preference to a qualified applicant with a disability over other
' applicants?
A. No. An employer is free to select the most qualified applicant available and to make decisions based on
reasons unrelated to a disability. For example, suppose two persons apply for a job as a typist and an essential
' function of the job is to type 75 words per minute accurately. One applicant, an individual with a disability, who
is provided with a reasonable accommodation for a typing test, types 50 words per minute; the other applicant
who has no disability accurately types 75 words per minute. The employer can hire the applicant with the higher
' typing speed, if typing speed is needed for successful performance of the fob.
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' Q. What limitations does the ADA impose on medical examinations and inquiries about disability?
A. An employer may not ask or require a job applicant to take a medical examination before making a job offer.
It cannot make any pre - employment inquiry about a disability or the nature or severity of a disability. An
' employer may, however, ask questions about the ability to perform specific job functions and may, with certain
limitations, ask an individual with a disability to describe or demonstrate how s/he would perform these
functions.
' An employer may condition a job offer on the satisfactory result of a post -offer medical examination or medical
inquiry if this is required of all entering employees in the same job category. A post -offer examination or
' inquiry does not have to be job- related and consistent with business necessity.
However, if an individual is not hired because a post -offer medical examination or inquiry reveals a disability,
the reason(s) for not hiring must be job - related and consistent with business necessity. The employer also must
' show that no reasonable accommodation was available that would enable the individual to perform the essential
job functions, or that accommodation would impose an undue hardship. A post -offer medical examination may
disqualify an individual if the employer can demonstrate that the individual would pose a "direct threat" in the
' workplace (i.e., a significant risk of substantial harm to the health or safety of the individual or others) that
cannot be eliminated or reduced below the oedirect threati level through reasonable accommodation. Such a
disqualification is job- related and consistent with business necessity. A post -offer medical examination may not
' disqualify an individual with a disability who is currently able to perform essential job functions because of
speculation that the disability may cause a risk of future injury.
After a person starts work, a medical examination or inquiry of an employee must be job - related and consistent
' with business necessity. Employers may conduct employee medical examinations where there is evidence of a
job performance or safety problem, examinations required by other Federal laws, examinations to determine
current oefitnessi to perform a particular job, and voluntary examinations that are part of employee health
' programs.
Information from all medical examinations and inquiries must be kept apart from general personnel files as a
' separate, confidential medical record, available only under limited conditions.
Tests for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions
of such examinations.
Q. When can an employer ask an applicant to "self- identify" as having a disability?
' A. Federal contractors and subcontractors who are covered by the affirmative action requirements of section 503
of the Rehabilitation Act of 1973 may invite individuals with disabilities to identify themselves on a job
application form or by other pre - employment inquiry, to satisfy the section 503 affirmative action requirements.
Employers who request such information must observe section 503 requirements regarding the manner in which
such information is requested and used, and the procedures for maintaining such information as a separate,
confidential record, apart from regular personnel records.
' A pre - employment inquiry about a disability is allowed if required by another Federal law or regulation such as
those applicable to disabled veterans and veterans of the Vietnam era. Pre - employment inquiries about
disabilities may be necessary under such laws to identify applicants or clients with disabilities in order to
provide them with required special services.
Q. Does the ADA require employers to develop written job descriptions?
' A. No. The ADA does not require employers to develop or maintain job descriptions. However, a written job
description that is prepared before advertising or interviewing applicants for a job will be considered as
' evidence along with other relevant factors. If an employer uses job descriptions, they should be reviewed to
make sure they accurately reflect the actual functions of a job. A job description will be most helpful if it
focuses on the results or outcome of a job function, not solely on the way it customarily is performed. A
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' reasonable accommodation may enable a person with a disability to accomplish a job function in a manner that
is different from the way an employee who is not disabled may accomplish the same function.
Q. What is "reasonable accommodation ?"
A. Reasonable accommodation is any modification or adjustment to a job or the work environment that will
' enable a qualified applicant or employee with a disability to participate in the application process or to perform
essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified
individual with a disability has rights and privileges in employment equal to those of employees without
' disabilities.
Q. What are some of the accommodations applicants and employees may need?
' A. Examples of reasonable accommodation include making existing facilities used by employees readily
accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules;
acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying
examinations, training, or other programs. Reasonable accommodation also may include reassigning a current
employee to a vacant position for which the individual is qualified, if the person is unable to do the original job
' because of a disability even with an accommodation. However, there is no obligation to find a position for an
applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity
standards as an accommodation, nor are they obligated to provide personal use items such as glasses or hearing
aids.
The decision as to the appropriate accommodation must be based on the particular facts of each case. In
selecting the particular type of reasonable accommodation to provide, the principal test is that o effectiveness,
' i.e., whether the accommodation will provide an opportunity for a person with a.disability to achieve the same
level of performance and to enjoy benefits equal to those of an average, similarly situated person without a
disability. However, the accommodation does not have to ensure equal results or provide exactly the same
' benefits.
Q. When is an employer required to make a reasonable accommodation?
' A. An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The
requirement generally will be triggered by a request from an individual with a disability, who frequently will be
able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because
the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the
individual does not request an accommodation, the employer is not obligated to provide one except where an
individual's known disability impairs his/her ability to know of, or effectively communicate a need for, an
accommodation that is obvious to the employer. If a person with a disability requests, but cannot suggest, an
appropriate accommodation, the employer and the individual should work together to identify one. There are
also many public and private resources that can provide assistance without cost.
Q. What are the limitations on the obligation to make a reasonable accommodation?
' A. The individual with a disability requiring the accommodation must be otherwise qualified, and the disability
must be known to the employer. In addition, an employer is not required to make an accommodation if it would
impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an
' "action requiring significant difficulty or expense" when considered in light of a number of factors. These
factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure
of the employer's operation. Undue hardship is determined on a case -by -case basis. Where the facility making
' the accommodation is part of a larger entity, the structure and overall resources of the larger organization would
be considered, as well as the financial and administrative relationship of the facility to the larger organization. In
general, a larger employer with greater resources would be expected to make accommodations requiring greater
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' effort or expense than would be required of a smaller employer with fewer resources.
If a particular accommodation would be an undue hardship, the employer must try to identify another
accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an
' undue hardship on the employer, the individual with a disability should be given the option of paying that
portion of the cost which would constitute an undue hardship or providing the accommodation.
' Q. Must an employer modify existing facilities to make them accessible?
' A. The employer's obligation under title I is to provide access for an individual applicant to participate in the job
application process, and for an individual employee with a disability to perform the essential functions of
his/her job, including access to a building, to the work site, to needed equipment, and to all facilities used by
employees. For example, if an employee lounge is located in a place inaccessible to an employee using a
' wheelchair, the lounge might be modified or relocated, or comparable facilities might be provided in a location
that would enable the individual to take a break with co- workers. The employer must provide such access unless
it would cause an undue hardship.
' Under title I, an employer s not required to make its existing facilities accessible until a particular applicant or
employee with a particular disability needs an accommodation, and then the modifications should meet that
individual's work needs. However, employers should consider initiating changes that will provide general
accessibility, particularly for job applicants, since it is likely that people with disabilities will be applying for
,lobs. The employer does not have to make changes to provide access in places or facilities that will not be used
by that individual for employment- related activities or benefits.
Q. Can an employer be required to reallocate an essential function of a job to another employee as a
' reasonable accommodation?
A. No. An employer is not required to reallocate essential functions of a job as a reasonable accommodation.
' Q. Can an employer be required to modify, adjust, or make other reasonable accommodations in the way
a test is given to a qualified applicant or employee with a disability?
' A. Yes. Accommodations may be needed to assure that tests or examinations measure the actual ability of an
individual to perform job functions rather than reflect limitations caused by the disability. Tests should be given
' to people who have sensory, speaking, or manual impairments in a format that does not require the use of the
impaired skill, unless it is a job - related skill that the test is designed to measure.
' Q. Can an employer maintain existing production /performance standards for an employee with a
disability?
' A. An employer can hold employees with disabilities to the same standards of production/performance as other
similarly situated employees without disabilities for performing essential job functions, with or without
reasonable accommodation. An employer also can hold employees with disabilities to the same standards of
production/performance as other employees regarding marginal functions unless the disability affects the
person's ability to perform those marginal functions. If the ability to perform marginal functions is affected by
the disability, the employer must provide some type of reasonable accommodation such as job restructuring but
may not exclude an individual with a disability who is satisfactorily performing a jobs essential functions.
Q. Can an employer establish specific attendance and leave policies?
' A. An employer can establish attendance and leave policies that are uniformly applied to all employees,
regardless of disability, but may not refuse leave needed by an employee with a disability if other employees get
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' such leave. An employer also may be required to make adjustments in leave policy as a reasonable
accommodation. The employer is not obligated to provide additional paid leave, but accommodations may
include leave flexibility and unpaid leave.
' A uniformly applied leave policy does not violate the ADA because it has a more severe effect on an individual
because of his/her disability. However, if an individual with a disability requests a modification of such a policy
as a reasonable accommodation, an employer may be required to provide it, unless it would impose an undue
' hardship.
' Q. Can an employer consider health and safety when deciding whether to hire an applicant or retain an
employee with a disability?
A. Yes. The ADA permits employers to establish qualification standards that will exclude individuals who pose
' a direct threat -- i.e., a significant risk of substantial harm -- to the health or safety of the individual or of others,
if that risk cannot be eliminated or reduced below the level of a oedirect threati by reasonable accommodation.
However, an employer may not simply assume that a threat exists; the employer must establish through
t objective, medically supportable methods that there is significant risk that substantial harm could occur in the
workplace. By requiring employers to make individualized judgments based on reliable medical or other
objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes, the ADA
recognizes the need to balance the interests of people with disabilities against the legitimate interests of
employers in maintaining a safe workplace.
Q. Are applicants or employees who are currently illegally using drugs covered by the ADA?
A. No. Individuals who currently engage in the illegal use of drugs are specifically excluded from the definition
' of a "qualified individual with a disability" protected by the ADA when the employer takes action on the basis
of their drug use.
' Q. Is testing for the illegal use of drugs permissible under the ADA?
A. Yes. A test for the illegal use of drugs is not considered a medical examination under the ADA; therefore,
' employers may conduct such testing of applicants or employees and make employment decisions based on the
results. The ADA does not encourage, prohibit, or authorize drug tests.
' If the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such
information must be treated as a confidential medical record.
' Q. Are alcoholics covered by the ADA?
A. Yes. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of
' such use, a person who currently uses alcohol is not automatically denied protection. An alcoholic is a person
with a disability and is protected by the ADA if s/he is qualified to perform the essential functions of the job.
An employer may be required to provide an accommodation to an alcoholic. However, an employer can
discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects fob
performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that
employees not be under the influence of alcohol.
1 Q. Does the ADA override Federal and State health and safety laws?
' A. The ADA does not override health and safety requirements established under other Federal laws even if a
standard adversely affects the employment of an individual with a disability. If a standard is required by another
Federal law, an employer must comply with it and does not have to show that the standard is job related and
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' consistent with business necessity. For example, employers must conform to health and safety requirements of
the U.S. Occupational Safety and Health Administration. However, an employer still has the obligation under
the ADA to consider whether there is a reasonable accommodation, consistent with the standards of other
Federal laws, that will prevent exclusion of qualified individuals with disabilities who can perform jobs without
' violating the standards of those laws. If an employer can comply with both the ADA and another Federal law,
then the employer must do so.
' The ADA does not override State or local laws designed to protect public health and safety, except where such
laws conflict with the ADA requirements. If there is a State or local law that would exclude an individual with a
disability from a particular job or profession because of a health or safety risk, the employer still must assess
' whether a particular individual would pose a "direct threat" to health or safety under the ADA standard. If such
a "direct threat" exists, the employer must consider whether it could be eliminated or reduced below the level of
a "direct threat" by reasonable accommodation. An employer cannot rely on a State or local law that conflicts
with ADA requirements as a defense to a charge of discrimination.
Q. How does the ADA affect workers' compensation programs?
' A. Only injured workers who meet the ADA's definition of an "individual with a disability" will be considered
disabled under the ADA, regardless of whether they satisfy criteria for receiving benefits under workers'
compensation or other disability laws. A worker also must be "qualified" (with or without reasonable
' accommodation) to be protected by the ADA. Work - related injuries do not always cause physical or mental
impairments severe enough to "substantially limit" a major life activity. Also, many on -the -lob injuries cause
temporary impairments which heal within a short period of time with little or no long -term or permanent
' impact. Therefore, many injured workers who qualify for benefits under workers' compensation or other
disability benefits laws may not be protected by the ADA. An employer must consider work - related injuries on
a case -by -case basis to know if a worker is protected by the ADA.
' An employer may not inquire into an applicant's workers' compensation history before making a conditional
offer of employment. After making a conditional job offer, an employer may inquire about a person's workers
compensation history in a medical inquiry or examination that is required of all applicants in the same job
' category. However, even after a conditional offer has been made, an employer cannot require a potential
employee to have a medical examination because a response to a medical inquiry (as opposed to results from a
medical examination) shows a previous on-the-job injury unless all applicants in the same job category are
required to have an examination. Also, an employer may not base an employment decision on the speculation
that an applicant may cause increased workers' compensation costs in the future. However, an employer may
refuse to hire, or may discharge an individual who is not currently able to perform a job without posing a
' significant risk of substantial harm to the health or safety of the individual or others, if the risk cannot be
eliminated or reduced by reasonable accommodation.
An employer may refuse to hire or may fire a person who knowingly provides a false answer to a lawful
' post -offer inquiry about his/her condition or worker's compensation history.
An employer also may submit medical information and records concerning employees and applicants (obtained
' after a conditional job offer) to state workers' compensation offices and "second injury" funds without violating
ADA confidentiality requirements.
Q. What is discrimination based on "relationship or association" under the ADA?
A. The ADA prohibits discrimination based on relationship or association in order to protect individuals from
' actions based on unfounded assumptions that their relationship to a person with a disability would affect their
job performance, and from actions caused by bias or misinformation concerning certain disabilities. For
example, this provision would protect a person whose spouse has a disability from being denied employment
' because of an employer's unfounded assumption that the applicant would use excessive leave to care for the
spouse. It also would protect an individual who does volunteer work for people with AIDS from a
discriminatory employment action motivated by that relationship or association.
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Q P provisions enforced?
Q. How are the employment
' A. The employment provisions of the ADA are enforced under the same procedures now applicable to race,
color, sex, national origin, and religious discrimination under title VII of the Civil Rights Act of 1964, as
amended, and the Civil Rights Act of 1991. Complaints regarding actions that occurred on or after July 26,
' 1992, may be filed with the Equal Employment Opportunity Commission or designated State human rights
agencies. Available remedies will include hiring, reinstatement, promotion, back pay, front pay, restored
benefits, reasonable accommodation, attorneys' fees, expert witness fees, and court costs. Compensatory and
' punitive damages also may be available in cases of intentional discrimination or where an employer fails to
make a good faith effort to provide a reasonable accommodation.
' Q. What financial assistance is available to employers to help them make reasonable accommodations
and comply with the ADA?
' A. A special tax credit is available to help smaller employers make accommodations required by the ADA. An
eligible small business may take a tax credit of up to $5,000 per year for accommodations made to comply with
the ADA. The credit is available for one -half the cost of "eligible access expenditures" that are more than $250
' but less than $10,250.
A full tax deduction, up to $15,000 per year, also is available to any business for expenses of removing qualified
architectural or transportation barriers. Expenses covered include costs of removing barriers created by steps,
' narrow doors, inaccessible parking spaces, restroom facilities, and transportation vehicles. Information about the
tax credit and the tax deduction can be obtained from a local IRS office, or by contacting the Office of Chief
Counsel, Internal Revenue Service.
' Tax credits are available under the Targeted Jobs Tax Credit Program (TJTCP) for employers who hire
individuals with disabilities referred by State or local vocational rehabilitation agencies, State Commissions on
the Blind, or the U.S. Department of Veterans Affairs, and certified by a State Employment Service. Under the
' TJTCP, a tax credit may be taken for up to 40 percent of the first $6,000 of first -year wages of a new employee
with a disability. This program must be reauthorized each year by Congress. Further information about the
TJTCP can be obtained from the State Employment Services or from State Governors' Committees on the
Employment of People with Disabilities.
' Q. What are an employer's recordkeeping requirements under the employment provisions of the ADA?
A. An employer must maintain records such as application forms submitted by applicants and other records
related to hiring, requests for reasonable accommodation, promotion, demotion, transfer, lay -off or termination,
' rates of pay or other terms of compensation, and selection for training or apprenticeship for one year after
making the record or taking the action described (whichever occurs later). If a charge of discrimination is filed
or an action is brought by EEOC, an employer must save all personnel records related to the charge until final
disposition of the charge.
' Q. Does the ADA require that an employer post a notice explaining its requirements?
A. The ADA requires that employers post a notice describing the provisions of the ADA. It must be made
accessible, as needed, to individuals with disabilities. A poster is available from EEOC summarizing the
' requirements of the ADA and other Federal legal requirements for nondiscrimination for which EEOC has
enforcement responsibility. EEOC also provides guidance on making this information available in accessible
formats for people with disabilities.
' . What resources does the Employment Commission have available to help
Q e Equal E p yment Opportunity Co p
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' employers and people with disabilities understand and comply with the employment requirements of the
ADA?
A. The Equal Employment Opportunity Commission has developed several resources to help employers and
' people with disabilities understand and comply with the employment provisions of the ADA.
' Resources include:
A Technical Assistance Manual that provides "how -to" guidance on the employment provisions of
the ADA as well as a resource directory to help individuals find specific information.
A variety of brochures, booklets, and fact sheets.
For information on how to contact the Equal Employment Opportunity Commission, see page 30.
' State and Local Governments
Q. Does the ADA apply to State and local governments?
A. Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs,
' activities, and services of public entities. It applies to all State and local governments, their departments and
agencies, and any other instrumentalities or special purpose districts of State or local governments. It clarifies
the requirements of section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive
' Federal financial assistance, and extends coverage to all public entities that provide public transportation,
whether or not they receive Federal financial assistance. It establishes detailed standards for the operation of
public transit systems, including commuter and intercity rail (AMTRAK).
Q. When do the requirements for State and local governments become effective.
' A. In general, they became effective on January 26, 1992.
' Q. How does title II affect participation in a State or local government's programs, activities, and
services?
A. A state or local government must eliminate any eligibility criteria for participation in programs, activities,
' and services that screen out or tend to screen out persons with disabilities, unless it can establish that the
requirements are necessary for the provision of the service, program, or activity. The State or local government
may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks,
' not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must reasonably
modify its policies, practices, or procedures to avoid discrimination. If the public entity can demonstrate that a
particular modification would fundamentally alter the nature of its service, program, or activity, it is not
' required to make that modification.
Q. Does title II cover a public entity's employment policies and practices?
A. Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in
employment against qualified individuals with disabilities. In addition to title II's employment coverage, title I
' of the ADA and section 504 of the Rehabilitation Act of 1973 prohibit employment discrimination against
qualified individuals with disabilities by certain public entities
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' Q. What changes must a public entity make to its existing facilities to make them accessible?
A. A public entity must ensure that individuals with disabilities are not excluded from services, programs, and
' activities because existing buildings are inaccessible. A State or local government's programs, when viewed in
their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as
"program accessibility," applies to facilities of a public entity that existed on January 26, 1992. Public entities
' do not necessarily have to make each of their existing facilities accessible. They may provide program
accessibility by a number of methods including alteration of existing facilities, acquisition or construction of
additional facilities, relocation of a service or program to an accessible facility, or provision of services at
alternate accessible sites.
Q. When must structural changes be made to attain program accessibility?
A. Structural changes needed for program accessibility must be made as expeditiously as possible, but no later
than January 26, 1995. This three -year time period is not a grace period; all alterations must be accomplished as
' expeditiously as possible. A public entity that employs 50 or more persons must have developed a transition
plan by July 26, 1992, setting forth the steps necessary to complete such changes.
' Q. What is a self - evaluation?
A. A self - evaluation is a public entity's assessment of its current policies and practices. The self - evaluation
' identifies and corrects those policies and practices that are inconsistent with title II's requirements. All public
entities must complete a self - evaluation by January 26, 1993. A public entity that employs 50 or more
employees must retain its self - evaluation for three years. Other public entities are not required to retain their
t self- evaluations, but are encouraged to do so because these documents evidence a public entity's good faith
efforts to comply with title II's requirements.
Q. What does title II require for new construction and alterations?
A. The ADA requires that all new buildings constructed by a State or local government be accessible. In
addition, when a State or local government undertakes alterations to a building, it must make the altered
portions accessible.
' Q. How will a State or local government know that a new building is accessible?
' A. A State or local government will be in compliance with the ADA for new construction and alterations if it
follows either of two accessibility standards. It can choose either the Uniform Federal Accessibility Standards or
the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, which is the standard
that must be used for public accommodations and commercial facilities under title III of the ADA. If the State or
' local government chooses the ADA Accessibility Guidelines, it is not entitled to the elevator exemption (which
permits certain private buildings under three stories or under 3,000 square feet per floor to be constructed
without an elevator).
' . What requirements apply to a public entit emergency tel Q 9 PP Y P h' g Y hone services such as 911? P
' A. State and local agencies that provide emergency telephone services must provide "direct access" to
individuals who rely on a TDD or computer modem for telephone communication. Telephone access through a
third party or through a relay service does not satisfy the requirement for direct access. Where a public entity
' provides 911 telephone service, it may not substitute a separate seven -digit telephone line as the sole means for
access to 911 services by nonvoice users. A public entity may, however, provide a separate seven -digit line for
the exclusive use of nonvoice callers in addition to providing direct access for such calls to its 911 line.
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Q. Does title II require that telephone emergency service systems be compatible with all formats used for
' nonvoice communications?
A. No. At present, telephone emergency services must only be compatible with the Baudot format. Until it can
be technically proven that communications in another format can operate in a reliable and compatible manner in
' a given telephone emergency environment, a public entity would not be required to provide direct access to
computer modems using formats other than Baudot.
' Q. How will the ADA's requirements for State and local governments be enforced?
A. Private individuals may bring lawsuits to enforce their rights under title II and may receive the same
remedies as those provided under section 504 of the Rehabilitation Act of 1973, including reasonable attorney's
' fees. Individuals may also file complaints with eight designated Federal agencies, including the Department of
Justice and the Department of Transportation.
Public Accommodations
' Q. What are public accommodations?
' A. A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public
accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels,
theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care
centers. Private clubs and religious organizations are exempt from the ADA's title III requirements for public
' accommodations.
' Q. Will the ADA have any effect on the eligibility criteria used by public accommodations to determine
who may receive services?
' A. Yes. If a criterion screens out or tends to screen out individuals with disabilities, it may only be used if
necessary for the provision of the services. For instance, it would be a violation for a retail store to have a rule
excluding all deaf persons from entering the premises, or for a movie theater to exclude all individuals with
cerebral palsy. More subtle forms of discrimination are also prohibited. For example, requiring presentation of a
' driver's license as the sole acceptable means of identification for purposes of paying by check could constitute
discrimination against individuals with vision impairments. This would be true if such individuals are ineligible
to receive licenses and the use of an alternative means of identification is feasible.
' . Does into consideration in providing
Q the ADA allow public accommodations to take safety factors p g
' services to individuals with disabilities?
A. The ADA expressly provides that a public accommodation may exclude an individual, if that individual
poses a direct threat to the health or safety of others that cannot be mitigated by appropriate modifications in the
public accommodation's policies or procedures, or by the provision of auxiliary aids. A public accommodation
will be permitted to establish objective safety criteria for the operation of its business; however, any safety
standard must be based on objective requirements rather than stereotypes or generalizations about the ability of
' persons with disabilities to participate in an activity.
Q. Are there any limits on the kinds of modifications in policies, practices, and procedures required by
' the ADA?
A. Yes. The ADA does not require modifications that would fundamentally alter the nature of the services
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provided by the public accommodation. For example, it would not be discriminatory for a physician specialist
who treats only burn patients to refer a deaf individual to another physician for treatment of a broken limb or
respiratory ailment. To require a physician to accept patients outside of his or her specialty would
' fundamentally alter the nature of the medical practice.
Q. What kinds of auxiliary aids and services are required by the ADA to ensure effective communication
' with individuals with hearing or vision impairments?
A. Appropriate auxiliary aids and services may include services and devices such as qualified interpreters,
' assistive listening devices, notetakers, and written materials for individuals with hearing impairments; and
qualified readers, taped texts, and Brailled or large print materials for individuals with vision impairments.
' Q. Are there any limitations on the ADA's auxiliary aids requirements?
A. Yes. The ADA does not require the provision of any auxiliary aid that would result in an undue burden or in
a fundamental alteration in the nature of the goods or services provided by a public accommodation. However,
the public accommodation is not relieved from the duty to furnish an alternative auxiliary aid, if available, that
would not result in a fundamental alteration or undue burden. Both of these limitations are derived from existing
' regulations and caselaw under section 504 of the Rehabilitation Act and are to be determined on a case -by -case
basis.
Q. Will restaurants be required to have brailled menus?
' A. No, not if waiters or other employees are made available to read the menu to a blind customer.
' Q. Will a clothing store be required to have brailled price tags.
A. No, not if sales personnel could provide price information orally upon request.
Q. Will a bookstore be required to maintain a sign language interpreter on its staff in order to
' communicate with deaf customers?
A. No, not if employees communicate by pen and notepad when necessary.
Q. Are there any limitations on the ADA 's barrier removal requirements for existing facilities.
' A. Yes. Barrier removal need be accomplished only when it is "readily achievable" to do so.
' Q. What does the term "readily achievable" mean?
A. It means "easily accomplishable and able to be carried out without much difficulty or expense."
t
Q. What are examples of the es of modifications that would be readily Q P types Y achievable in most cases?
' A. Examples include the simple ramping of a few steps, the installation of grab bars where only routine
reinforcement of the wall is required, the lowering of telephones, and similar modest adjustments.
Q. Will businesses need to rearrange furniture and display racks?
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' A. Possibly. For example, restaurants may need to rearrange tables and department stores may need to adjust
their layout of racks and shelves in order to permit access to wheelchair users.
' Q. Will businesses need to install elevators?
A. Businesses are not required to retrofit their facilities to install elevators unless such installation is readily
achievable, which is unlikely in most cases.
' Q. When barrier removal is not readily achievable, what kinds of alternative steps are required by the
ADA?
A. Alternatives may include such measures as in -store assistance for removing articles from inaccessible
' shelves, home delivery of groceries, or coming to the door to receive or return dry cleaning.
' Q. Must alternative steps be taken without regard to cost?
A. No, only readily achievable alternative steps must be undertaken.
Y Y �
' Q . How is "readily achievable" determined in a multisite business?
' A. In determining whether an action to make a public accommodation accessible would be "readily achievable,"
the overall size of the parent corporation or entity is only one factor to be considered. The ADA also permits
consideration of the financial resources of the particular facility or facilities involved and the administrative or
' fiscal relationship of the facility or facilities to the parent entity.
Q. Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or
the tenant?
A. The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the
' landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes
and provide the aids and services, but both remain legally responsible.
' Q. What does the ADA require in new construction?
A. The ADA requires that all new construction of places of public accommodation, as well as of "commercial
' facilities" such as office buildings, be accessible. Elevators are generally not required in facilities under three
stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall; the
professional office of a health care provider; a terminal, depot, or other public transit station; or an airport
' passenger terminal.
' Q. Is it expensive to make all newly constructed places of public accommodation and commercial
facilities accessible?
A. The cost of incorporating accessibility features in new construction is less than one percent of construction
' costs. This is a small price in relation to the economic benefits to be derived from full accessibility in the future,
such as increased employment and consumer spending and decreased welfare dependency.
' Q. Must every feature of a new facility be accessible?
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' A. No, only a specified number of elements such as parking spaces and drinking fountains must be made
accessible in order for a facility to be "readily accessible." Certain nonoccupiable spaces such as elevator pits,
elevator penthouses, and piping or equipment catwalks need not be accessible.
Q. What are the ADA requirements for altering facilities?
9 g
A. All alterations that could affect the usability of a facility must be made in an accessible manner to the
maximum extent feasible. For example, if during renovations a doorway is being relocated, the new doorway
must be wide enough to meet the new construction standard for accessibility. When alterations are made to a
' primary function area, such as the lobby of a bank or the dining area of a cafeteria, an accessible path of travel
to the altered area must also be provided. The bathrooms, telephones, and drinking fountains serving that area
must also be made accessible. These additional accessibility alterations are only required to the extent that the
' added accessibility costs do not exceed 20% of the cost of the original alteration. Elevators are generally not
required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a
shopping center or mall; the professional office of a health care provider; a terminal, depot, or other public
transit station; or an airport passenger terminal.
Q. Does the ADA permit an individual with a disability to sue a business when that individual believes
' that discrimination is about to occur, or must the individual wait for the discrimination to occur?
A. The ADA i allege discrimination based on a
publ c accommodations provisions permit an individual to ge
P p
reasonable belief that discrimination is about to occur. This provision, for example, allows a person who uses a
wheelchair to challenge the planned construction of a new place of public accommodation, such as a shopping
mall, that would not be accessible to individuals who use wheelchairs. The resolution of such challenges prior to
the construction of an inaccessible facility would enable any necessary remedial measures to be incorporated in
' the building at the planning stage, when such changes would be relatively inexpensive.
' Q. How does the ADA affect existing State and local building codes?
A. Existing codes remain in effect. The ADA allows the Attorney General to certify that a State law, local
building code, or similar ordinance that establishes accessibility requirements meets or exceeds the minimum
' accessibility requirements for public accommodations and commercial facilities. Any State or local government
may apply for certification of its code or ordinance. The Attorney General can certify a code or ordinance only
after prior notice and a public hearing. at which interested people, including individuals with disabilities, are
provided an opportunity to testify against the certification.
' Q. What is the effect of certification of a State or local code or ordinance?
A. Certification can be advantageous if an entity has constructed or altered a facility according to a certified
code or ordinance. If someone later brings an enforcement proceeding against the entity, the certification is
' considered "rebuttable evidence" that the State law or local ordinance meets or exceeds the minimum
requirements of the ADA. In other words, the entity can argue that the construction or alteration met the
requirements of the ADA because it was done in compliance with the State or local code that had been certified.
' Q. When are the public accommodations provisions effective?
A. In general, they became effective on January 26, 1992.
' Q. How will the public accommodations provisions be enforced?
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' A. Private individuals may bring lawsuits in which they can obtain court orders to stop discrimination.
Individuals may also file complaints with the Attorney General, who is authorized to bring lawsuits in cases of
general public importance or where a oepattern o practices of discrimination is alleged. In these cases, the
' Attorney General may seek monetary damages and civil penalties. Civil penalties may not exceed $50,000 for a
first violation or $100,000 for any subsequent violation.
' Miscellaneous
' Q. Is the Federal government covered by the ADA?
A. The ADA does not cover the executive branch of the Federal government. The executive branch continues to
' be covered by title V of the Rehabilitation Act of 1973, which prohibits discrimination in services and
employment on the basis of handicap and which is a model for the requirements of the ADA. The ADA,
however, does cover Congress and other entities in the legislative branch of the Federal government.
' Q. Does the ADA cover private apartments and private homes?
' A. The ADA does not cover strictly residential private apartments and homes. If, however, a place of public
accommodation, such as a doctor's office or day care center, is located in a private residence, those portions of
the residence used for that purpose are subject to the ADA's requirements.
' Q. Does the ADA cover air transportation?
' A. Discrimination by air carriers in areas other than employment is not covered by the ADA but rather by the
Air Carrier Access Act (49 U.S.C. 1374 (c)).
' Q. What are the ADA's requirements for public transit buses?
' A. The Department of Transportation has issued regulations mandating accessible public transit vehicles and
facilities. The regulations include requirements that all new fixed - route, public transit buses be accessible and
that supplementary paratransit services be provided for those individuals with disabilities who cannot use
fixed -route bus service. For information on how to contact the Department of Transportation, see page 30.
Q. How will the ADA make telecommunications accessible?
' A. The ADA requires the establishment of telephone relay services for individuals who use telecommunications
devices for deaf persons (TDD's) or similar devices. The Federal Communications Commission has issued
regulations specifying standards for the operation of these services.
' Q. Are businesses entitled to any tax benefit to help pay for the cost of compliance?
' A. As amended in 1990, the Internal Revenue Code allows a deduction of up to $15,000 per year for expenses
associated with the removal of qualified architectural and transportation barriers. The 1990 amendment also
permits eligible small businesses to receive a tax credit for certain costs of compliance with the ADA. An
eligible small business is one whose gross receipts do not exceed $1,000,000 or whose workforce does not
consist of more than 30 full -time workers. Qualifying businesses may claim a credit of up to 50 percent of
eligible access expenditures that exceed $250 but do not exceed $10,250. Examples of eligible access
expenditures include the necessary and reasonable costs of removing architectural, physical, communications,
and transportation barriers; providing readers, interpreters, and other auxiliary aids; and acquiring or modifying
equipment or devices.
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' Telephone Numbers for ADA Information
' This list contains the telephone numbers of Federal agencies that are responsible for providing information to
the public about the Americans with Disabilities Act and organizations that have been funded by the Federal
government to provide information through staffed information centers. The agencies and organizations listed
are sources for obtaining information about the law's requirements and informal guidance in understanding and
' complying with the ADA.
ADA Information Line
' U.S. Department of Justice
' For ADA documents and questions
800 -514 -0301 (voice)
800 -514 -0383 (TDD)
Equal Employment Opportunity Commission
' For ADA documents
800 - 669 -3362 (voice)
800 - 800 -3302 (TDD)
For ADA questions
800 - 669 -4000 (voice)
800 - 669 -6820 (TDD)
U.S. Department of Transportation
ADA documents and information
' 202 - 366 -1656 (voice)
202 - 366 -4567 (TDD)
ADA legal questions
202 - 366 -1936 (voice)
' TDD: use relay service
Federal Communications Commission
202 -418 -0190 (voice)
202 - 418 -2555 (TDD)
' Architectural and Transportation Barriers Compliance Board
800 - 872 -2253 (voice)
' 800 - 993 -2822 (TDD)
Job Accommodation Network
' 800 -526 -7234 (voice)
800 -526 -7234 (TDD)
16 of 17 3/30/99 3:26 PM
�A Questions and Answers http:// www .usdoj.gov /crt/ada/gandaeng.htm
President's Committee on Employment of People with Disabilities
202 - 376 -6200 (voice)
' 202 - 376 -6205 (TDD)
U.S. Department of Education
Regional Disability and Business Technical Assistance Centers
Call automatically connects to your regional center
800 - 949 -4232 (voice)
800 - 949 -4232 (TDD)
Addresses for ADA Information
' U.S. Department of Jushce
Civil Rights Division
' Disability Rights Section
P.O. Box 66738
Washington, DC 20035 -6738
' U.S. Equal Employment Commission
1801 L Street, Opportunity
' Washington, DC 20507
U.S. Department of Transportation
' Federal Transit Administration
400 Seventh Street, SW
Washington, DC 20590
' Architectural and Transportation Barriers Compliance Board
1331 F Street, NW Suite 1000
Washington, DC 20004-1111
' Federal Communications Commission
1919 M Street, NW
Washington, DC 20554
This document is available in the following alternate formats:
' - Braille
- Large print
' - Audiocassette
- Electronic file on computer disk and electronic bulletin board (202) 514 -6193.
' Note: Reproduction of this document is encouraged.
17 of 17 3/30/99 3:26 PM
' MEMORANDUM
' DATE: April 6, 1999
TO: Michael J. McCauley, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services
SUBJECT: Additional Information - Building Issues
At their March 15, 1999, study session, the City Council heard a presentation from Al Mjorud
' that included an assessment of the Civic Center complex buildings and alternatives for meeting
ADA requirements, fixing heating, ventilating and air conditioning systems and providing
additional space for various uses.
At that time, the Council had numerous questions and requested additional information in several
areas.
' Wading Pool Usage
When discussing the Community Center's wading pool, the question of usage was broached. In
' reviewing this issue, actual figures were compiled for all of 1998 and early 1999. These figures
include general admissions specifically purchased for the wading pool. They do not take into
consideration youth admissions that may use the wading pool during their visit to the Community
t Center.
For 1998, approximately 5,100 admissions were sold for specific use of the wading pool. For the
' first three months of 1999 1,270 admissions have been sold for the wading pool.
In addition to the general admission usage, the wading pool is also used quite extensively by our
' parent & tot and level one and two swim lesson classes. During 1998 more than 450 children
took part in these swim classes. As the swim classes meet an average of ten times per session,
' we can estimate that the additional use of the wading pool by our swim lesson classes was
approximately 4,500.
' When combining the general admission use with the use by our swim lesson classes, we estimate
that the wading pool was used by an estimated 9,600 youth in 1998.
' Pool Revisions
In researching this topic, I looked at a number of amenities and/or pieces of equipment that could
substantially change the way the Community Center's pool is used. However, it should be noted
' that, as these amenities would be "retrofits," they are quite expensive.
' Movable bulkheads - these bulkheads would allow the pool to be transformed from a single
purpose pool into a multipurpose facility. Installation of bulkheads would allow us to provide a
separate splash pool for the water slide, a separate diving well and an adjustable length leisure
pool for general swimming or competition. Two bulkheads would be needed to separate the pool
as described.
' The cost of these bulkheads is approximately $1 200+ per lineal foot. As our pool is
pP Y � P p
approximately 78 feet wide, this would bring the cost of two bulkheads to about $200,000
Interactive water play features - these amenities such as mushroom fountains, spray cannons and
' brightly colored interactive play features, spray, cascade and redirect water allowing the young
(and old) patrons to participate in their swimming experience. The costs of these play features
range from as little as $4,000 up to $40,000 per amenity.
' Movable floor- a movable floor could be raised to create a zero depth entry to the pool during
general swim times and would be lowered during competition swim times. The cost of a
' movable floor would be in the $150,000 to $200,000 range.
Pictures of some of the aforementioned items are attached for Council reference.
' Public/Private Partnerships
One of the relatively new concepts in the operation of recreational facilities is the partnership
' between public and private entities. The attached memorandum from Anne Finn details some of
the local partnerships that have been, or are currently being developed in the northern metro area.
' As you will note, most of these private /public partnerships have been developed in the second
and third tier suburbs with large populations and high levels of expendable income. Attempts to
contact representatives of the private companies regarding the potential for a partnership with
Brooklyn Center have been unsuccessful.
' Admission Prices, Amenities
Ms. Finn's memorandum also details a description of amenities that each community center
contains and their admission prices where applicable.
' Energy Savings During Mr. Mjorud's presentation, it was noted that constructing a new energy
efficient building would provide an operational savings when compared to current expenditures
' for natural gas and electricity.
In attempting to quantify these savings, our mechanical engineer noted that, without knowing the
exact dimensions and operating systems of a new building, or the extent of improvements
planned for the current Civic Center Complex, an approximate cost savings would be very
difficult to predict. However, he did feel that the savings could be significant.
' Summary
As you know, there was a great deal of information covered and many questions generated at the
March 15, City Council study session. I hope I have addressed some of the questions
adequately. As always, please let me know if you have questions or would like additional
information.
Water tunnel Power geyser Dumping bucket Water trio Cane Hydro -plane Aqua -bench
& a s �,' Spiral column Donut Water tree
Multi-play center #2 Water curtain Flower Large ground spray y W;Y: _, P
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Activation bollard �. Spray loops Umbrella Water wheel Geyser Fire hydrant Arch
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INTERACTIVE PLAY & BULKHEADS LINCOLN
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' FLATABLE 111 , 111-1 SET STAINLESS STEEL BULKHEADS
WATER UMBRELLA
A AGOL WATER POLO SET — Interact' a NEPTUNE BENSON STAINLESS BULK-
recr tional water polo game field is a eat HEADS —With the use of a Neptune Benson RAINDROP WATER UMBRELLA — Interac-
additi for special event programming deal movable stainless steel bulkhead your aquatic tive water umbrella water feature brings a cre-
for swi ing pools, beach and lake sage facility can be transformed from a single pur- ative and innovative water playground to your
' Water po set includes inflatable quagol pose pool into a multipurpose facility. The facility. With the addition of the Rain Drop you
goals and ' diameter tubular safe surround movable bulkhead is custom engineered to can add a splash of festive color and the cool
barriers whic define and contai he playing work in new facilities or sized to fit your exist sound of fresh water cascading in your facil-
area. Individu tubular barrier re blown up ing pool. With a movable bulkhead you can ity. They provide hours of participatory fun and
' in minutes and t en tied to er to form the increase pool usage and improve program activity for all ages. The Rain Drop can be
playing field. Con tructed tough commer- flexibility. It allows you to provide a competi- operated off the filtration pumps or a separate
cial grade PVC. O ional and -held electric tive swimming pool with various course length supplemental pump. The Rain Drop package
blower allows you to fl e /deflate the struc- options. Flow -thru design enhances the wave includes: fiberglass reinforced plastic umbrella
' ture quickly. Mini Wate olo Set overall size: quelling effect for a fast competitive pool. De- with stainless steel fasteners, white corrosion
24' wide x 30' long. S t I cludes: 2 inflatable signed to allow the use of all types of competi- proof filament wound fiberglass stem, fiber -
goals with nets, 4 orner 2 balls, 1 hand tive timing systems. Includes: racing lane tar- glass reinforced plastic skirt and stainless steel
pump and 2 carryi g bags. arge Water Polo gets, built -in lane line anchors and starting assembly hardware. Dome colors available:
' Set overall size: '6" wide x ' long. Set in- platform anchors. Stainless steel construction Navy blue, sea blue, meadow green, forest
cludes: 2 inflat le goals with n s, 4 corners, with top and sides of the bulkhead covered green, yellow, red and orange. inquire for cus-
2 balls, 1 ha pump and 2 ca ing bags. with non -skid fiberglass grating. The bulkhead tom logo identification on umbrella. Rain Drop
Color: Red. can be moved on permanently lubricated cus- size: 7'6 wide x 107 tall. Manufacturer pro -
67 -010 Mini Water Polo Set tom contoured guiding wheels. Two people duces many other interactive water feature
67 -01 Large Water Polo Set can move the bulkhead with ease and lock it designs, inquire for full line of styles available.
67 -0 Optional hand -held blower in place. 67 -045 Rain Drop
67- 25 Replacement hand pump 67 -040 67 -050 Custom logos
6 030 Replacement water polo ball _
-035 Replacement carrying g `
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FIBERGLASS GRATING -, l
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SWIMMER TARGETS
STAINLESS STEEL RALLSTTANK
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' MEMORANDUM
' March 29 1999
TO: Jim Glasoe, Community Activities, Recreation and Services Director
' FROM: Anne Finn, Administrative Specialist
' SUBJECT: Community Center Partnerships
I contacted the cities of Plymouth, Shoreview, Maple Grove and Moundsview regarding their
experiences in exploring and/or creating community center partnerships. Following is the
information they provided.
Plvmouth
' City Contact: Eric Blank, Park and Recreation Director
509 -5200
' Organization Contact: Abdi Javidan, V.P. for Marketing and Sales, Lifetime Fitness
612 - 947 -0003
Status of Project: Lifetime has complete control of operation for next 40 years.
How much did the City spend on the deal? The City gave Lifetime the land for the facility.
The City gave Lifetime $1.6 million and the Wayzata School District gave Lifetime $1.5 million.
The dollars from the City and school district were for the indoor and outdoor swimming pools.
' Is the facility tax YP a Yp property exempt? No. The taxes of $265,000 per year.
P
' What is the non - reimbursed operating cost to the City? Nothing. Lifetime operates
independently of the City.
' Other information provided by City:
' Shoreview
City Contact: Gerald Hafeman, Park and Recreation Director
651- 490 -4750
1
' Organization Contact: Abdi Javidan, V.P. for Marketing and Sales, Lifetime Fitness
612- 947 -0003
' Status of Project: t Dead
How much did the City spend on the deal? N/A
' Is the facility tax exempt? N/A
What is the non - reimbursed operating cost to the City? N/A
Other information provided by City: The partnership was not formed because the Council felt
the community would lose identity by allowing a commercial firm to operate a municipal
building. Public sentiment was against a partnership.
Maple Grove
City Contact: Terry Just, Park and Recreation Director
' 494 -6200
Organization Contact: Ed Williams, CSI Sports Club International
1700 Broadway, Suite 1900
Denver, CO 80290
' 303 - 866 -0800
Status of Project: They are negotiating a purchase agreement.
' How much did the City spend on the deal? Cannot provide at this time.
' Is the facility tax exempt? No.
What is the non - reimbursed operating cost to the City? Cannot provide at this time.
Other information provided by City: Due to their stage in negotiations, Mr. Just did not feel
' comfortable sharing information about the deal. He said the entire process has taken one year.
Moundsview
City Contact: Chuck Whiting, City Manager
' 784 -3055
' 2
' or Bruce Kessel, Finance Director
717 -4011
'
Organization Contact: Pat Riemersma Ramsey County YMCA
g � Y tY
' 651- 490 -4880
Status of Project: YMCA operating community center facility and entire Park and Recreation
' Department on month by month basis until details of agreement are completed.
How much did the City spend on the deal? Prior to entering into negotiations with the YMCA,
the City purchased the Bel Rae Ballroom for $800,000 and converted it to a community center
for $1.5 million. The City paid the YMCA $10,000 to take over the Park and Recreation
Department. The community center has a gymnasium, two meeting rooms, and some community
space (and no pool) is currently operated by the YMCA for $1,000 per week. The community
center does not have a membership program. The YMCA does collect user -fees for coordinated
activities. Currently, the City and the YMCA split profits.
' Is the facility tax exempt. Yes.
' What is the non - reimbursed operating cost to the City? The City and the YMCA have not
fully ironed out the details of the agreement. Right now, the City spends $1,000 per week. In
addition there are Public Works costs associated with the maintenance of the parks.
Other information provided by City: The Public Works Department works with YMCA
' people to maintain parks and ball fields. Cost is $70,000 less per year than employing their own
Park and Recreation people.
Michael McCauley
' 3
Local Community Center Partnerships
City Partner Organization Cost to City Community Center Amenities User Fees
Maple Grove CSI Sportsclub City spent $10 million in 1994 to existing: meeting rooms, age- for existing amenities, cost
International/Northwest construct community center; in specific community rooms, child varies by activity; City is still
Racquet and Swim Club (deal 1996, City spent $3 million to care, pool, ice arena, gym; negotiating user fees for
is in negotiation stage) construct community pool; user fees pending: fitness wing potential fitness wing
cover operation costs; they are
exploring a "fitness wing"
partnership with Northwest
Moundsview YMCA City purchased Bel Rae Ballroom for gymnasium, two meeting rooms no membership program; some
$800,000; converted Bel Rae to and some community space user fees collected for
community center for $1.5 million; coordinated activities
contract with YMCA to administer
,Park and Rec. Department was
$10,000 initially + $1,000 /week
Plymouth Life Time Fitness City donated land; City provided indoor and outdoor swimming For family of 4: initiation
$1.6 million and Wayzata school pools, water slide, Olympic -size fee =$404, monthly fee = $77.90;
district provided $1.5 million for ice rink (city- owned); exercise Daily passes =$8 for first adult
construction of swimming pools equipment and recreation areas ($6 for pool only), $5 for second
adult, $5 for youth 13 -17, $3 for
12 and under (residents get 15%
discount on initial membership
fee)
CITY OF BROOKLYN CENTER Page 1 4/8/99
MEMORANDUM
' TO: Michael J. McCauley, City Manager
' FROM: Charlie Hansen, Finance Director
DATE: April 14, 1999
SUBJECT: Financing Options for Civic Center Capital Needs
' The lan for the building d
p g nee s of the City of Brooklyn Center projected that after the Police
and Fire Stations have been completed, the Civic Center needs would be addressed. Bonds
were sold in December 1997 to fund the construction of the Police and Fire Stations. It was
anticipated that any work on the Civic Center would be paid for with cash on hand in the
' Capital Improvements Fund. Two million dollars of the Capital Improvements Fund's assets
were earmarked for the Civic Center in the 1999 -2003 capital improvements plan.
' Several plans for Civic Center remodeling or reconstruction have been discussed and have
preliminary cost estimates which range from $2,400,000 to $3,300,000. It is necessary to
' identify additional funding to close the gap between the funds previously earmarked and the
current cost estimates. Some possible sources of additional funding are as follows:
During 1998, the City sold land to the developer of the Regal Theaters for the sum of
$77,156. This money was deposited in the Capital Improvements Fund. Earlier plans
for the Capital Improvements Plan hadn't included land sales proceeds. These could
' now be earmarked for the Civic Center improvement.
' Calculations of the Adequate General Fund Balance Policy Formula, using
preliminary, unaudited December 31, 1998 numbers, indicate that the General Fund
has $725,000 available to be transferred. Of this, $350,000 had been included in the
' 1999 -2003 capital improvements plan for the city share of neighborhood street
improvements and for park improvements. The remaining $375,000 could also be
' transferred to the Capital Improvements Fund and earmarked for the Civic Center.
Combining the $2,000,000 already earmarked for the Civic Center in the 1999 -2003 capital
' improvements plan with the $77,156 from land sale and the $375,000 available in the
General Fund, provides a total of $2,452,000 which could be set aside for the Civic Center.
' This is sufficient for the minimum required repairs to the Civic Center.
' Doing anything more than the minimum plan requires additional funding. The following are
possible additional funding sources:
Plans for the Police
and Fire Stations included $7,900,000 of bond proceeds to pay
for the original estimated costs and $1,000,000 from the Capital Improvements Fund
' for contingencies. While it is now apparent that part of the contingency will be spent,
there is a good chance that at least some will remain. The remainder could be
' earmarked for the Civic Center. This remainder will not be known until this summer.
' The Adequate General Fund Balance Policy Formula calculates a minimum required
fund balance, compares that to the actual fund balance, and determines the amount
which is either the excess or deficiency of the minimum required fund balance. The
' policy goes on to say that only one half of any excess may be committed to another
fund or use in a given year. This was intended to provide a cushion against an
economic downturn in the subsequent year.
The large size of the amount in excess of minimum required fund balance indicates
' that something more than half of it could be committed this year and still provide a
substantial cushion. Under the policy, $725,000 of excess fund balance would remain
in the General Fund after transferring $725,000 to the capital improvement fund as
' discussed above.
' The Adequate General Fund Balance Policy Formula calls for a minimum required
fund balance of $5,831,300 or 46.6% of the 1999 General Fund budget. Retaining
half of the excess in the General Fund provides $725,000 or 5.8% of the 1999 General
' Fund budget. Some of this probably could be committed to the Civic Center as a one
time exception to the policy.
' CITY OF BROOKLYN CENTER
' ADEQUATE GENERAL FUND BALANCE POLICY FORMULA
AS ESTABLISHED BY THE CITY COUNCIL ON DECEMBER 22, 1980
' (LAST AMENDED BY RESOLUTION 99 -21 ON JANUARY 25, 1999)
' Latest Unaudited Total Fund Balance at December 31, 1998 $7,338,001
Unrealized Gains or Losses (subtract gains or add back losses) (52,487)
' Adjusted Total Fund Balance at December 31, 1998 $7,285,514
' Minimum Required Fund Balance Elements:
' 1. Items Not Readily Convertible to Cash:
a. Accounts Receivable 81,327
' b. Advances to Other Funds - - -- 105,074
$186,401
' 2. Amount Appropriated ro riated to the General Fund Current
Year Budget: 1999 $13,535
' 3. Amounts to be Reserved for Working Capital and Variances from
Revenue Estimates:
' (45% of Total General Fund Current Year Budget, less debt service)
45% of: $12,514,142 = $5
' Minimum Required Fund Balance $5
Amount in Excess of Minimum Required Fund Balance $1,454,214
Amount Available per Formula for Other Use in Current Year $727,107
' ADQFDBAL.XLS 1998 4/14/99 1:16 PM
INTRODUCTION
Soon the Police Department will leave City Hall for their new
The City Council recognized the need to study their facilities at quarters thereby vacating space that could be reallocated for
the Civic Center due to a variety of challenges that seem City use. What departments or programs should be located in
never ending as the Council, Staff and Constituents attempt to the vacated Lower Level of City Hall?
make the best use of the space that is available. These chal-
lenges to the existing City Hall and Community Center are How best can this complex be made accessible to persons
coming from a variety of sources including: with disabilities and the elderly? What is the value of the ex-
isting structures? What can be restored or rejuvenated?
0 The Americans with Disability Act, Should new or partially new facilities be considered?
0 Changing building and health codes,
0 Aging mechanical and electrical equipment, The City engaged the services of an Architect, a Mechanical
0 The deterioration of the structure, Engineer, an Electrical Engineer and a testing laboratory to
0 The lack of natural light in the Lower Level of City Hall, assist in the study of solutions to these challenges. For the
0 Unusable odd shaped internal spaces, past nine months the City Manager, the Director of the Com-
o Inappropriate location of entrances in relation to parking, munity Center and the Architect have considered various pro -
0 Changing needs of staff and the onslaught of computers & posals in an attempt to solve these problems. The work out -
communication technology. lined in this report delineates the problems confronted and the
0 Useful life of the City Hall and Community Center. opportunities available to the City Council. This report in-
cludes possible solutions for consideration while offering the
The two buildings are now approaching 30 years of age, not- City Council a well informed climate for enlightened decision -
ing that the the planning for the structures began in 1968. making.
The two buildings were completed in 1971.
BUILDING ASSESSMENT STUDY DATE: MJORUD ARCHITECTURE
City of Brooklyn Center Mar 9, 1999 INTRODUCTION 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO, 98104
Page No. 2
Specifically, the major items of concern for the Community
THE AMERICANS WITH DISABILITIES ACT Center and the City Hall have been identified as follows:
The City Hall and Community .Center do not conform to cur- 0 The Community Center has no elevator or ramp allowing
rent requirements of The Americans with Disabilities Act persons with a disability to traverse from one level to the
(ADA): next.
0 ADA was introduced and mandated in or hases stages. 0 The Community Center and the City Hall do not have ac-
p 9
cessible sanitary acilities (including drinking fountains
rY ( 9 g ) on
0 Each stage had a deadline. each level as now required.
0 All of those deadlines have expired. 0 Stairways are too steep as the treads and risers do not
0 There is no grandfathering. meet ADA standards. Handrails must now extend 12"
past the top stair riser and 23" minimum past the lower
0 The City is liable if an employee or constituent takes ac- stair riser.
tion. 0 Existing doorways do not have the proper side clearances
0 The courts enforce ADA, not the City Building Official. to allow a person with a disability easy access.
0 Generally the two buildings were built under a different set
of rules when many of these problems had neither been
identified nor addressed by society.
BUILDING ASSESSMENT STUDY DATE: THE AMERICANS WITH MJORUD ARCHITECTURE
City f Brooklyn Center Mar 9.1999
Y Y 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION DISABILITIES ACT Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 3
(3) Inadequate amounts of fresh air induced into sys-
CHANGING BUILDING AND HEALTH CODES tems.
(4) Poor heating and cooling. Cooling problems are
The State of Minnesota adopts by reference a model code exacerbated by the advent of computers and other
called the Uniform Building Code (UBC) that is under constant heat generating equipment now prevalent in to-
review and revision. This is the most used code by other day's office. Overcrowding the facility designed for
states and municipalities, and every three years a new volume a lower people load.
is issued. The State of Minnesota also adopts its own set of o Energy regulation and consumption:
codes and regulations to reflect the climate and conditions
unique only to the State of Minnesota. As a result changing (1) Remodeling will require conformance to enforce -
building and health codes have a direct affect on the built en- able standards.
vironment including buildings at Brooklyn Center. Some is- (2) Thermal envelope doesn't meet today's standards.
sues have been addressed, others have yet to be solved. (a) New roofing and insulation are required over
City Hall.
o Safety and environmental issues: (b) Roof insulation over the Community Center
(1) Hazardous materials such as asbestos — containment has been upgraded.
/ safe cleanup is understood to be complete. (c) Wall insulation for both buildings is inade-
(2) Buried tanks — remediation of spills or leakage. quate.
(3) PCBs in light fixture ballasts — proper disposal has (d) Perimeter insulation is costly (The Police Cler-
been completed. ical Staff were always cold due to the lack of
o Air quality problems: perimeter and wall insulation in the exterior
(1) Poor air distribution. walls. Most of the staff used supplementary
(2) Dirty ductwork — ductwork left unattended for years — space heaters or knee heaters).
presence of dirt, microbes, fiberglass and /or asbestos o The State Board of Health requires a separate filter for
in air stream. the wading pool, a violation for over 15 years.
BUILDING ASSESSMENT STUDY OASe: (;HANGING BUILDING MJORUD ARCHITECTURE
City of Brooklyn Center Mar 9, I999 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION AND HEALTH CODES Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 4
(2) Does not include evaluation of pool piping;
pumps and wet systems; air balancing; combus-
tion tests, and other diagnostic testing.
AGING MECHANICAL AND ELECTRICAL EQUIPMENT (3) As a result of this investigation, other tests may
be recommended including the costs of these
The existing mechanical and electrical equipment is outdated. tests.
The Mechanical and Electrical Engineers conducted a study
of various elements of the two buildings and this information is (4) Discovery of equipment no longer manufac-
included in the appendix. tured.
0 Pool ventilation equipment in penthouses:
0 Follestad & Barrett Electrical Analysis and Report
. (1) Lack of insulation on walls contributing to failure
M
( 1) Evaluation of main service and distribution of brick on exterior.
panel boards. (2) This same lack of insulation of walls causes de-
(2) Evaluation of fixture types, lamps and ballasts. terioration of the gypsum board soffit and side-
wall below as condensation forms causing wa-
(3) Evaluation of special systems and motor effi- ter to drip below.
ciencies. (3) There is near impossible access to equipment,
(4) Telecommunication systems including data and having to enter through access panels in side -
voice are not included since City has own MIS wall of drop ceiling and then pass into the air
Department with corresponding reports. stream and ductwork to gain access into room.
0 Follestad & Barrett Mechanical Analysis and Report: (4) For access to the roof one must also pass into
the air stream and ductwork to access a cat-
(1) Investigate condition and estimate useful life of walk over the pool, then to a non - conforming
HVAC systems and controls. ladder up to roof hatch.
BUILDING ASSESSMENT STUDY DATE: AGING MECHANICAL & MJORUD ARCHITECTURE
City of Brooklyn Center Mar9, 1999 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION ELECTRICAL EQUIPMENT Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 5
THE DETERIORATION OF THE STRUCTURE
The deterioration of the structure is noted in several areas — Braun Intertec was hired to further investigate this condition
most notably at the Community Center. and this is included in a special report in the Appendix. Brick
faces are falling off the building due to the presence of mois-
When this same Architect assisted the City with the re -roof the ture within the masonry. During our freeze thaw environment
Community Center in the mid - eighties several new sheets of the brick faces are forced off the wall. Fortunately the brick is
metal decking had to be placed over existing decking that had merely an exterior skin on the building and not lending support
rusted through to the swimming pool below. to roof loads.
A structural engineer was employed at that time to investigate The City Hall roofing and roof insulation should be replaced if
the rusting of the main support trusses, columns and beams. this building is to be saved.
His recommendation was that these same trusses, columns
and beams be reevaluated every 5 years to make sure the
corrosive pool environment did not impair the structure.
The deterioration of exterior brick is observed on two mechan-
ical penthouses and the west and south walls of the Commu-
nity Center adjacent to the pool.
i
BUILDING ASSESSMENT STUDY DATE: THE DETERIORATION MJORUD ARCHITECTURE
City of Brooklyn Center Mar 9, 1999 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION OF THE STRUCTURE Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 99104 p
Page No. 6
INAPPROPRIATE LOCATION OF ENTRANCES
IN RELATION TO PARKING
Again the original design placed both the City Hall and Com-
THE LACK OF NATURAL LIGHT IN THE munity Center entrances facing a mall like setting with flowers
LOWER LEVEL OF CITY HALL and some limited short-term parking for visitors. In such a se-
vere climate the norm would be to place the main entrances
The original design in 1968 for the Lower Level of City Hall adjacent to the parking. This entrance relationship is further
may have been driven by the need for a bomb shelter or an exacerbated by the steep exterior steps and need to enter
emergency preparedness center. The exterior walls are con- both the City Hall and Community Center on the second level.
structed of poured in place concrete; the internal columns and The steep exterior steps are dangerous and sometimes slip-
second floor pan and joist structures are also poured in place pery during sleet and snow and do not meet today's Codes.
concrete. This level has no windows making the interior envi- -
ronment somewhat depressing.
CHANGING NEEDS OF STAFF AND THE ONSLAUGHT OF
COMPUTERS & COMMUNICATION TECHNOLOGY
UNUSABLE ODD SHAPED INTERNAL SPACES
As America continues to move into the information age, the
The original design was based on an octagon with 45 degree need for computers and communication technology is always
angled walls enclosing the various parts of both the City Hall on the increase. Better workstations and seating for staff be-
and Community Center. This resulted in internal spaces that came necessary to alleviate environmental stress and injury.
had to be compromised as to function. Some acute angled Additional staff necessitated that additional work stations and
spaces are near impossible to use and difficult to maintain. conference rooms be squeezed out of existing space and
even carved out of the public lobby space. Mechanical and
Electrical Systems have not kept up. Communication wiring
is reported to be inadequate.
BUILDING ASSESSMENT STUDY DATE: INTERNAL &EXTERNAL MJORUD ARCHITECTURE
City of Brooklyn Center Mar 9, 1999 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION RELATIONSHIPS Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 No, 99104
Page No. 7
USEFUL LIFE OF THE CITY HALL AND
COMMUNITY CENTER
Normally a concrete and masonry building will serve an Owner tems. Abandoned wiring however would be removed. Today,
50 to 100 years but in this instance the concrete and masonry the Mechanical Engineer would specify and design an all
were found to be part of the problem. Exterior walls for both ducted return air system. This ducted system is cleaner,
the City Hall and Community Center were not constructed with more effective and code conforming.
adequate thermal resistance to the point of causing masonry
failure. If constructed properly the space between the brick Electrical systems were described as confusing due to several
and the concrete or block back -up would have been con- remodelings and changes over the years. There is no longer
structed as a cavity wall. A 1" to 2" air space between ade- adequate power distribution to accommodate the future power
quate insulation and the brick would allow moisture to fall to needs of the users as most of the load centers are full.
flashing below that would be drained to the outside through a
weep system. The original design of the building no longer responds to to-
day's need for accessibility, safety, convenience and the
As you will read about the Mechanical Systems, their useful faster pace of the users. Much of the usable space has diffi-
life has now been exceeded. Despite excellent maintenance cult angles to reconcile.
the equipment can be expected to fail. The air distribution
system within the City Hall for example, employs a plenum re- Remodeling of both structures is possible, but at what cost
turn system for the air supply. All of the wiring within the air and sacrificial compromise? Are the changes and improve -
return plenum is suppose to be fire - rated. Building Official ments to the existing structures a good investment? Maybe
David Fisher has agreed to allow the return air at the City Hall remodeling is the only method affordable at this time?
to continue to run through the plenums to minimize the cost of
revamping the heating, ventilating and air conditioning sys-
BUILDING ASSESSMENT STUDY DATE: USEFUL LIFE OF MJORUD ARCHITECTURE
City of Brooklyn Center Mar 9, 1999 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION EXISTING BUILDINGS Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 8
INDEX TO DRAWINGS
DESIGN SCHEME 1 FIX EXISTING BUILDINGS
• _ Refurbish City all and provide new lower level entry.
. P Y
• Build Community Center Addition with toilets, entry elevator & stair.
• Upgrade wading pool and provide new filter.
DESIGN SCHEME 2 . LOCKER ADDITION TO COMMUNITY CENTER
• Refurbish City Hall and provide new lower level entry.
• Build Community Center Addition with new Locker Rooms, Wading
Pool, Toilets, Entry, Elevator & Stair.
DESIGN SCHEME 3 BUILDING ADDITION TO COMMUNITY CENTER
New Civic Center, Council Chambers, Locker Rooms, Community Rooms
and accessible facilities.
• Upgrade wading pool and provide new filter.
* ADA requirements met in all schemes
BUILDING ASSESSMENT STUDY DATE: MJORUD ARCHITECTURE
U Brookl n Center Mar 9, 1999
y v INDEX TO DRAWINGS 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 No. 98104
Page No. 9
D
FIX��EXISTIN ".'13 L 1NGS....
PROBABLE CONSTRUCTION COST FOR SCHEME 1
1. Allowance to improve HVAC at City Hall ............ $175,000
ADVANTAGES TO SCHEME 1 (includes a new system for the Council Chambers)
1. Eliminates steep exterior stairs. 2. Replace existing roofing /insulation at City Hall....... 80,000
2. Makes both buildings accessible to persons with disabilities. 3. Remodeling allowance to convert Police Station
3. Eliminates steep interior stair in Community Center. into City Hall usage, add new City Hall Entrance,
4. Accessible on grade entrances at both buildings. add new toilet facilities on both levels and add
5. More space is captured for City Hall in old Police Station. connecting link over existing tunnel ...................... 600,000
4. Community Center Remodeling on both levels ...... 80,000
5. Community Center Cube Addition ........................ 600,000
DISADVANTAGES TO SCHEME 1 6. One elevator and elevator equipment room
at Community Center ................... ........................100,000
1. Too much money spent on City Hall for expected benefits. 7. Prefabricated insulated panels ($15 /sf) at
0 Existing column spacing hinders open office concept Swimming Pool and Mechanical Penthouses ......150,000
found in most new city halls — more difficult to design. 8. Wading pool upgrade - new filter system ............... 80,000
0 Existing windows offer little exterior exposure and tend to 9. Data / voice cable connections (estimated 60
create a feeling of being in a basement. locations, offices, conference, Council Chambers .70,000
0 Angled walls create more inefficiency in room layout. 10. Security ................................... ............................... 60,000
2. Keeps outdated main pool which is used by small percent- 11. Sound system for Council Chambers .....................20,000
age of the population. 12.Contingency . ............................... ........................420,000
3. Only minimal remodeling to existing locker rooms.
TOTAL ................................... ............................... $2,435,000
DESIGN
SCHEME BUILDING ASSESSMENT STUDY DATE: FIX EXISTING MJORUD ARCHITECTURE
1 City of Brooklyn Center Mar 9, 1999 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION BUILDINGS Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 10
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SCHEME DATE MJORUD ARCHITECTURE
1 City of Brooklyn Center Mar 9. 1999 FIX EXISTING 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION BUILDINGS Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 99104 Phonc 612!544-3671 Fm 61175454354
Page No. 11
I�C��CIST'ING:.B.UMp.INC
FEATURES OF SCHEME 1 - CITY HALL
1. Remove all Police partitions except for reinforced walls of
existing jail, converting this area to storage.
2. Reuse existing elevator.
3. Save Central . Storage Room on the east side of building.
9
4. Save Swimming Pool Equipment and Filter Room.
5. Provide new toilets on each level.
6. Provide one new interior stairway.
7. Construct a connecting link between the buildings.
FEATURES OF SCHEME 1 - COMMUNITY CENTER
1. Construct a square, two story building to provide a common
entrance, toilets on each level, a stairway and an elevator.
2. Refurbish wading pool and provide anew filter.
DESIGN
SCHEME BUILDING ASSESSMENT STUDY DATE: FIX EXISTING MJORUD ARCHITECTURE
1 City of Brooklyn Center Mar 9, 1999 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION BUILDINGS Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 12
F
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COMMUNITY !�
aanc�c' :r� • a�r� r SPACE I
SERVICE
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OFFICE SPACE
LEVEL FLOOR PLAN
BUILDING ASSESSMENT STUDY
iC11640
DATE: MJORUD ARCHITECTURE
1 City f Brook Center M. 9.19ii
Y Y EXISTING 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION BUILDINGS Minneapolis, Minnesota 55441
a
Brooklyn Center, Minnesota 55430 NO, 961
Photo; 61254t.76T1 Faa: 612545 -11SA
Page No. 13
DESIGN SCHEME 2 LOCKER
ADDITION TO COMM.UNIT:Y,� CENTER::::
PROBABLE CONSTRUCTION COST FOR SCHEME 2
ADVANTAGES TO SCHEME 2 1. Allowance to improve HVAC at City Hall ........... $ 175,000
(includes a new system for the Council Chambers)
1. Adds new locker rooms thus freeing up additional program 2. Replace existing roofinglinsulation at City Hall ....... 80,000
space within Community Center. 3. Community Center lockers &wading pool ......... 1,100,000
2. Provides new Code conforming Wading Pool. 4. Remodeling allowance to convert Police Station
3. Accessible on grade entrances at both buildings. into City Hall usage, add new City Hall Entrance,
4. Eliminates steep exterior stairs.
add new toilet facilities on both levels and add
5. Makes both buildings accessible to persons with disabilities. connecting link over existing tunnel ........................ 600,000
6. Eliminates steep interior stair in Community Center. 5. Remodeling within Community Center
7. More space is captured for City Hall in old Police Station. on both levels 80,000
.......................... ...............................
6. Community Center exercise room above
DISADVANTAGES TO SCHEME 2 new locker rooms 450,000
.................. ...............................
1. Too much money spent on City Hall for expected benefits. 7. Prefabricated insulated panels ($15 /sf) at
0 Existing column spacing hinders open office concept Swimming Pool and Mechanical Penthouses ......120,000
found in most new city halls — more difficult to design. 8. Data / voice cable connections (estimated 60
0 Existing windows offer little exterior exposure and tend to locations, offices, conference, Council Chambers. 70,000
create a feeling of being in a basement. 9. Security allowance .................. ............................... 60,000
0 Angled walls create more inefficiency in room layout. 10. Sound system for Council Chambers .....................20,000
2. Initial cost of new locker rooms and wading pool. 11. Contingency . ............................... ........................420,000
3. New locker rooms and wading pool box in existing pool, TOTAL ................................... ............................... $3,175,000
making it more difficult to remodel or expand in the future.
4. New locker addition blocks natural light into existing pool.
DESIGN
SCHEME D ATE :
BUILDING ASSESSMENT STUDY
Y Y
City of Brook Center Mar 9, 1999 LOCKER ADDITION TO 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION COMMUNITY CENTER Minneapolis, Minnesota 55441
2
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 14
i
COMMUNITY CENTER
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DE510r BUILDING ASSESSMENT STUDY M JORUD ARCHITECTURE
City of Brooklyn Center Mar B. . 1999
$` r6M6 D ATE : LOCKER ADDITION TO 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION COMMUNITY CENTER Minneapolis, Minnesota 55441
2
Brooklyn Center, Minnesota 55430 N o. 98104 Phono: 617/3444671 fa:: 61
Page No. 15
G.. �SCHEME:2.. :: LOCKE
D.ESI
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FEATURES OF SCHEME 2 - CITY HALL
1. The remodeling work is similar to Scheme 1, except that the
entrance is placed in the diagonal wall facing the parking lot.
2. Remove all Police partitions except for reinforced walls of
existing jail, converting this area to storage.
3. Reuse existing elevator.
4. Save Central Storage Room on the east side of building.
5. Save Swimming Pool Equipment and Filter Room.
5. Provide new toilets on each level.
6. Provide one new interior stairway.
7. Construct a connecting link between the buildings.
FEATURES OF SCHEME 2 - COMMUNITY CENTER
1. Construct a two story addition on the west side of the
existing building with a common entrance, one set of toilet
rooms on lower level, a new stairway and an elevator.
2. Provide a new wading pool and filter.
3. Provide a second floor exercise area.
DESIGN
SCHEME BUILDING ASSESSMENT STUDY DATE: LOCKER ADDITION TO MJORUD ARCHITECTURE
City of Brooklyn Center Mar 9 1999 12400 12th Avenue North
2 6301 Shingle Creek Parkway COMMISSION COMMUNITY CENTER Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 99,04
Page No. 16
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LOWER LEVEL FLOOR PLAN
BUILDING ASSESSMENT STUDY
DATE. MJORUO ARCHITECTURE
2 City of Brooklyn Center Mir 9.1999 LOCKER ADDITION TO 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION COMMUNITY CENTER Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO, 99101
Phone: 61215"-3871 I'M 61215451754
Page No. 17
�AQ. QITION 'T.O�:�:OMM:U:NLTY <GENTER�
PROBABLE CONSTRUCTION COST FOR SCHEME 3
ADVANTAGES TO SCHEME 3 1. New Civic Center .............. ............................... $2,465,000
1. On -grade entry thereby eliminating all steep exterior stairs. (includes new locker rooms on lower level)
2. Both buildings are accessible to persons with disabilities. 2. Demolition of existing City Hall ...... .........................52,000
3. New locker rooms within addition. (includes removal of two underground tanks)
4. Upgraded wading pool with new filter system. 3. Prefabricated insulated panels ($15 /sf) at
5. New Civic Center with up to date systems —the less flexible Swimming Pool and Mechanical Penthouses ......150,000
28 year old City Hall building is eliminated. 4. Provide exterior wall, insulation and roofing over
6. Additional space is captured in vacated locker rooms. Swimming Pool Equipment Room . .........................30,000
7. Designated drop off and entry for all users and citizens. 5. Drop off and accessible parking area .....................25,000
8. Least disturbance to users of Community Center. 6. Wading pool upgrade - new filter system... ' ........... 80,000
9. Least disturbance to users of City Hall as City Hall remains 7. Data / voice cable connections (estimated 0
in tact until new building addition is complete. locations, offices, conference, Council Chambers. 70,000
10. Life span of investment is maximized. 8. Security allowance .................. ............................... 60,000
11. Life cycle cost savings due to energy efficiency. 9. Contingency ......................... ............................... 420,000
12. Allows City to meet current needs while positioning develop- TOTAL ................................... ............................... $3,352,000
ment for the future.
DISADVANTAGES TO SCHEME 3
1. Initial cost.
DESIGN
SCHEME BUILDING ASSESSMENT STUDY DATE: B UILDING ADDITION TO MJORUD ARCHITECTURE
3 Clty of Brooklyn Center Mar 9 ,1999 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION COMMUNITY CENTER Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 18
COMMUNITY CENTER :
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°` '" BUILDING ASSESSMENT STUDY
ScweME DATE MJORUD ARCHITECTURE
3 City of Brooklyn Center MS 9.1999 BUILDING ADDITION TO 12400 12th Avenue North j
6301 Shingle Creek Parkway COMMISSION COMMUNITY CENTER Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 991
Photo: 61 ?J$44.3471 faz: 6121515 -t11S4
Page No. 19
[SIGl11SGHEME:.3.:::..BU.ILQING
ADDITION..TOCOMMUNITY:.CENTER
FEATURES OF SCHEME 3 - CIVIC CENTER
1. The City Council Chambers moves to the Lower Level with
an on -grade entrance.
2. A Central desk and check in is provided for all activities.
3. New locker rooms on this level mean on -grade entrance and
check in.
4. A 2 -story connecting link between the buildings provides ac-
cess for persons with disabilities and convenience for staff.
5. Community Rooms could be set up to be shared by several
organizations.
FEATURES OF SCHEME 3 - COMMUNITY CENTER
1. A connecting corridor could be routed to Constitution Hall.
2. The wading pool would be refurbished and a new filtering
system would be added.
DESIGN
SCHEME BUILDING ASSESSMENT STUDY DATE: MJORUD ARCHITECTURE .
City of Brooklyn Center Mar 9, 1999 BUILDING ADDITION TO 12400 12th Avenue North
3 6301 Shingle Creek Parkway COMMISSION COMMUNITY CENTER Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 20
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LOWER LEVEL FLOOR PLAN
° BUILDING ASSESSMENT STUDY
onr¢ MJORUD ARCHITECTURE
3 City of Brooklyn Center f 1991. BUILDING ADDITION TO 12400 12th Avenue Nonn
6301 Shingle Creek Parkway co",+e".ss or, NO 991w COMMUNITY CENTER Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430
y inone: etvswan" qa: 6"y°46-4354
Page No. 21
APPENDIX
Follestad & Barrett Associates Report
Existing Mechanical / Electrical Systems
Braun Intertec Report
Masonry Condition Observations
BUILDING ASSESSMENT STUDY DATE: MJORUD ARCHITECTURE
City of Brooklyn Center Mar 9, 1999 APPENDIX 12400 12th Avenue North
6301 Shingle Creek Parkway COMMISSION Minneapolis, Minnesota 55441
Brooklyn Center, Minnesota 55430 NO. 98104
Page No. 22
r
EXISTING MECHANICAL/ELECTRICAL SYSTEMS
A. BOILERS: -
1. (2) original 1970 steel firetube boilers.
2. Boilers have never been re -tubed.
3. Combustion chamber firebrick was last re -done 3-4 years ago.
4. Combustion checked every year.
5. Maintenance contract with Albers Sheet Metal.
6. Burners were replaced in 1985 with gas/No. 2 oil pressure atomizing
burners.
7. Two existing underground fuel oil tanks are single -wall steel tanks, non-
compliant.
B. AIR CONDITIONING:
1. Two indoor reciprocating chillers, 60 tons & 50 tons cooling.
2. Refrigerant receiver installed/controls revisions added in 1987 to
minimize compressor failure and short cycling.
t 3. Four compressor failures have occurred since 1987.
4. Two original exterior air- cooled condensers; fan shafts have been replaced
with stainless steel shafts.
5. Condenser head pressure dampers are inoperable.
6. Maintenance contract with Cramer Trane.
' C. AIR HANDLING UNITS:
1. Original 1970 air handlers are in use and in good condition.
2. Electric steam - generating humidifier was added to City Hall in 1990; it
has water softener to minimize mineral scale problems.
' 3. City Hall ductwork was cleaned approximately ten years ago.
4. An Indoor Air Quality Study was conducted in 1993, and upgrades
' were made to the air filter and return air systems.
D. TEMPERATURE CONTROLS:
' 1. The original pneumatic temperature controls are in use.
2. Control system is outmoded and consideration should be given to its
replacement with a newer direct digital control (DDC) system with greater
capabilities and efficiency.
3. It is probable that all of the existing pneumatic controls are not fully
' operable.
4. Temperature control air compressor was rebuilt in 1995: air dryer was
replaced in 1996.
5. Maintenance contract with Trol -Matic Services.
E. SWIMMING POOL SYSTEMS:
' 1. Filter tank piping upgraded and 10" main drain valve replaced in 1991.
2. Ozone disinfection system was installed in 1997 to supplement the
' chlorination system.
3. Pool chlorination system was replaced in the mid- 1980's with a vacuum-
type system.
4. Runaround -coil exhaust heat recovery/humidity control system was
replaced in 1985.
5. The wading pool and main pool deck drainage do not comply with current
'Minnesota Health Department requirements.
' F. WATER HEATER:
1. Central domestic water heater (water -to -water heat exchanger) replaced in
1991.
G. SIDEWALK SNOW - MELTING SYSTEM:
1. Glycol heat exchanger has not been operable for man ears..
Y Pe Y Y
The American Society of Heating, Refrigerating and Air Conditioning Engineers
(ASHRAE) provides the following estimated median years of service life for various
heating/cooling system components:
Eauioment Item Median Years
Hot Water Boilers Steel Fire -Tube 25
Boiler Burners 21
Air Terminals - VAV and Double -Duct Boxes 20
Fans - Centrifugal 25
Ductwork 30
Package Chillers - Reciprocating 20
' Air- Cooled Condensers 20
Pumps - Base - Mounted 20
Controls - Pneumatic 20
With few exceptions boiler bumers ductwork), of the mechanical equipment at the
P � � ),
Brooklyn Center Civic Center has already exceeded its estimated median service life.
' RECOMMENDATIONS
A. SHORT TERM:
The existing mechanical systems can reasonably be expected to remain in service for
the next ten years. They are older systems that have been maintained very well. As time
progresses, the level of maintenance can be expected to increase. Occasional equipment
failures - refrigerant compressors, pneumatic controls, mixing boxes - are probable, but
this equipment can be replaced individually as needed.
' If there is a relatively minor amount of remodeling work, the existing mixing boxes, duct
and air handling systems could be modified and re -used.
' There are several existin g HVAC problems that should be addressed if any significant
remodeling is undertaken:
1. Several areas in City Hall, normally the west exposure, suffer
from a cooling shortfall, and overheat periodically. In our opinion this is a
' distribution problem rather than a capacity problem. Due to remodelings and
growth over the years, the existing ductwork and mixing boxes are no longer
' large enough to deliver adequate cooling in some areas; more supply air flow
is needed. Ductwork and control revisions should be made to correct this
problem. The overall chiller capacity of 110 tons should be adequate for the
37,000 sq. ft. of air conditioned space.
2. The roximi of the boilers stack to the City Hall outdoor air intake allows boiler
P ty
' flue products to be drawn into this intake under certain wind conditions. The
problem is magnified when fuel oil is being burned due to its greater odor. The
separation between the boiler stack and the outdoor air intake should be
' increased.
3. The existing air conditioning should be replaced. The refrigerant piping was
' installed underground, which has caused premature refrigerant condensation and
several compressor failures over the years. The existing chiller probably operates
' at a power input of approximately 1.3 KW /ton of cooling. A new chiller would
be more efficient, and could operate at 1.1 KW /ton if air - cooled, and as low as
0.90 KW /ton if water - cooled. The annual energy savings would be approximately
$ 2,500.00.
4. The Council Chamber should have a separate HVAC system that can be operated
independently of the main City Hall air handing systems. If the Council Chamber
is in use evenings and off - hours, the entire upper floor of City Hall must also be
' conditioned.
5. The two existing fuel oil storage tanks are single -wall steel tanks and do not
comply with the current EPA regulations. They should be replaced with an
' approved tank and leak detection system.
' B. LONG TERM:
If significant remodeling work is planned, we recommend that new air
1 handling, air conditioning and control systems be provided. The new HVAC
systems would be tailored to the remodeled spaces to provide correct heating,
cooling and control zone operation - The following systems would provide
excellent performance:
1. New indoor air handling units with 100% outdoor air economizers, hot
' water heating coils, and chilled water or DX cooling coils. A dedicated
unit would be provided for the Council Chamber.
2. Fan- powered variable -air volume boxes would provide zone control.
Consideration should be given to a double -duct mixing box system similar
to the existing.
3. The existing hot water boilers would be retained.
4. Hot water baseboard radiation for good heating performance.
5. Air- conditioning - new system should be investigated. Direct - expansion
(DX) coils would be less expensive than a new chilled water system.
' 6. Temperature controls - new electronic direct digital control system is
recommended
ELECTRICAL SYSTEMS
' MAIN SERVICE ENTRANCE
' The facility is served by a 1200 amp 480/277 volt, 3 phase 4 wire service entrance. The
main switchboard is General Electric's "AV" line, a popular quality line of switchgear
at the time. There is a 1200 amp bolted pressure switch as the main disconnecting
means and the buswork is amply braced at 50,000 amps. There are two sections of
distribution switchgear, fusible disconnect switches in the left hand section and older -
style circuit breakers in the right hand side. The switchgear appears to be in good
' working order and replacement parts should be obtainable, but there is no sign that
maintenance or service has been performed There is no apparent reason to expect that
this switchgear would not serve well for at least another decade.
' STANDBY GENERATOR
The facility also features a standby generator set. It is an older model, probably dating
from the original building construction. It is an 8 cylinder in -line diesel engine powered
Onan model 70 DFJ, reportedly serviced by Interstate Detroit Diesel and apparently
properly maintained. There is an ASCO 125 amp transfer switch featuring the old relay
based controls. The system is reportedly exercised manually on a monthly basis.
' Although the standby power system is old, it appears to be in good condition and should
be able to continue in service for years.
POWER DISTRIBUTION SYSTEM
Power factor correction capacitors have been installed at the service entrance.
' i 77 volt and
Circuit breaker panelboards, are also General Electric. There are both 480/2
1�
' 208/120 volt panelboards, all apparently 3 phase 4 wire versions, and dry type
transformers are scattered around the building to transform to the lower utilization
voltage near the point of use. There is, as is common in an older building, little, if any,
room left in these panelboards to add new circuits. Any significant electrical load
' additions (such as more computers or technology - related equipment) would soon
require new panelboards and feeders from the main switchgear. This would be an
' expensive and disruptive process and there is some chance that even the switchboard and
service would need major revisions.
' LIGHTING SYSTEMS
The lighting systems in the building are very confused. There are different systems
' in various parts of the building depending on how recently or extensively the area has
been remodeled.
' Much of the building is lighted by ordinary 2 foot by 4 foot fluorescent troffers, using
T12 lamps and presumably magnetic ballasts. These are mostly fixtures with acrylic
prismatic lenses, although there are parabolic fixtures in some areas. The older lensed
fixtures are suffering from age: the acrylic plastic in the lenses turns yellow with age.
This decreases the light output and is unsightly. The older.T12 lamps and magnetic
ballasts are not very energy efficient. Recently remodelled areas are lighted with
' efficient T8 lamps (and presumably electronic ballasts) making them more efficient.
There are many spaces where the lighting system was intended for a different use of the
' space. Some offices in the Police Department are overlighted with 4-lamp fixtures.
Lenses in the Detectives area are yellowed. There is even an office which has bare
lamp strips - obviously intended for an unfinished or storage area -in it The new
' Communications Center has been properly lighted with 3 -lamp parabolic fixtures
and the garage has bare -lamp strips with the efficient T8 lamps. There are some
' appropriate linear parabolic fixtures in the open offices. The storage area on the
lower level is lighted with bare lamp strips using the old T12 lamps.
The upper level of the building appears to have been the subject of more remodel work.
In the Conference room, for example, the efficient T8 lamps are in evidence. The
Engineering department features continuous rows of 4 -lamp lensed 2 foot by 4 foot
' fixtures. They use T8 lamps, but the type of fixture and the layout are clearly not
intended for the current use of the space.
' The corridor and lobby areas of the upper level are lighted by a combination of
residential style fluorescent surface -mount fixtures and incandescent downlights. The
downlights are very inefficient. Use of these fixtures precludes meeting the current
' lighting efficiency code. Other inefficient light fixtures include incandescent exit
si6ms and track - mounted accent lights with incandescent PAR lamps. Some lamps
of this style have even been banned from production in this country due to their
' extreme inefficiency. Where incandescent lamps are dimmed, the energy use is
decreased and the lamp life is extended, provided that the dimming function
is used. Examples are in the Council Chambers, where the incandescent fixtures
may be the more efficient quartz halogen type and in the City Manager's office where
dimmed incandescent accent lights are used appropriately for presentation lighting.
' In the area just behind the main Reception desk, there are 1 foot by 4 foot fluorescents
which have been retrofitted with an "egg crate" lens (probably the "paracube" lens) most
' likely in an attempt to address a glare problem in computer screens. Although this is
a simple, inexpensive and popular way of addressing glare problems, it is a very
inefficient use of a light source.
' Some conference rooms, such as the one at the main lobby, are lighted with inefficient 2-
lamp fluorescent wrap - around style surface - mounted fixtures with the older inefficient
T12 lamps. Other Conference rooms, such as the one beside the reception desk are
' appropriately lighted and use the efficient T8 lamps.
In the Permits and Inspections department, there are continuous rows of lensed 2 foot by
' 4 foot troffers. They appear to be powered by 3 -T12 lamps each and are the special style
of light fixture designed to serve as air distribution diffusers (commonly referred to as
"air handlers "). These fixtures would be difficult to rearrange for a remodel project since
' there is most likely ductwork connected to the light fixtures and a change in lighting
distribution would cause changes in the air distribution system. The situation is similar
' in the Public Utilities/Finance Department area, which is lighted with the same type of
fixtures. The corridor in this wing is particularly inefficient since the light fixtures are
incandescent recessed round units with PAR lamps. The Assesor's office shares the
system used in Permits and Public Utilities; 3 lamp lensed air handlers.
LIGHTING SUMMARY
The lighting systems in the building are inconsistent. Recently remodeled areas are
efficient and appropriately lit. Areas with the original systems are very outdated, poorly
' lit and inefficient. Areas where the use of the space has changed are no longer lit
properly, but may be relatively efficient. The overall building would probably not pass
' current lighting efficiency code standards. There are even some lights which violate the
Federal EPACT standards.
' RECONIlv1ENDATIONS
The existing main switchgear is serviceable provided there is no major growth in the
' electrical load The standby generator is also still serviceable, but a remodel could
possibly overload it. Large motors, such as elevators, should not be powered as
emergency loads without upgrading the generator set and transfer switch. The addition
of a great many strobe lights, such as would be required for an Accessibility remodel,
could cause a major upgrade to the Fire Alarm system and might force a generator set
upgrade.
' SHORT TERM
' 1. Relamp and reballast all the older T12 based fluorescent fixtures with T8 lamps
and electronic ballasts. This is a standard retrofit project which can be quickly and
' inexpensively accomplished. There are even NSP rebates which can offset some of the
cost. There are many contractors who do this as their main line of business and could
handle such a project with little or no further direction.
2. Replace yellowed lenses with new ones. The Owner could do this very
inexpensively.
3. Replace the existing exit signs with modern LED types. The efficiency difference
is so large and the burn time so great that this would quickly pay for itself in energy cost
savings. A lighting retrofit contractor could probably do this as well.
' 4. Install occupancy sensors (motion detectors) to replace existing wall switches
where appropriate; small offices, conference rooms, toilet rooms, etc.. This is again an
appropriate subject for a lighting retrofit contractor. The sensors should not be used in
rooms which are large or have many obstructions. Also, aside from conference rooms
and toilet rooms, spaces used by the public should remain as is. Individual offices are
ideal candidates, but large open offices are not
' LONG TERM
' Aside from lighting efficiency improvements, there is little incentive to make serious
changes to the electrical systems for their own sake. However, any remodel work or
' other projects which add significant electrical loads could easily force some substantial
electrical upgrades. The generator set could be overwhelmed and need replacing if
emergency loads are added. Any major space remodel project could easily require a new
' panelboard and feeder. The addition of large motors or several panelboards could create
a need to add a new section to the existing main switchboard. Load additions could
conceivably require a new larger service entrance, but only if the added loads are quite
' large. Any proposed upgrade or remodel project should be scrutinized for these
secondary effects on the electrical distribution system. These projects must be funded to
allow for the electrical work that they cause, in order to avoid unpleasant surprises.
' BRAUN" Braun Intertec Corporation
6801 Washington Avenue South
I N T E R T E C Box 391
Minneapolis, Minnesota 55439 -0108
612.941.5600 Fax: 941 -4151
Engineers and Scientists Serving
the Built and Natural Environments`
January 22, 1999 Project BADX -98 -851
' Mr. Al Mjorud
Nljorud Architecture
12400 Twelfth Avenue North
' Minneapolis, MN 55441 -4612
Dear Mr. Nljorud:
Re: Report on Mason Condition Observations at the City of Brooklyn Center Community
' P D' tY yn
Center Swimming Pool, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota.
' Further to our proposal dated September 17, 1998, we have performed an intrusive evaluation of
the as-built condition of masonry walls in the swimming pool area at the Brooklyn Center
Community Center. A report with our preliminary findings was submitted on December 16, 1998.
This report includes additional testing and analysis.
Background
' We understand the Community Center was constructed in 1971. The structure is a two -story steel
frame with exterior walls of brick veneer over concrete block backup. Three penthouses contain
' mechanical equipment.
The building initially had a pitch and gravel roof, with 1 1/2 inches of rigid insulation over the
' metal decking. The City reports that this configuration was difficult to heat in cold weather, and
that condensation on the underside of the roof was a problem. About ten years ago, the roof was
torn off, insulation was increased, and a new synthetic roof was installed. This reportedly
eliminated the condensation problem on the soffit of the roof.
There have also been r lem with eri r i n the exterior brick especially cn uth n
p •ti s th det • at • �f • • the s• end
of the pool and on the penthouses. Spot repairs including the removal and replacement of brick
' have been made in several locations.
Observations
' We initially met with Mr. Jim Glasoe of the City and looked over the building. The City furnished
copies of the 1970 building plans for our use.
' On December 7, we used a lift truck to access the exterior masonry walls in the swimming pool
area of the Community Center. Besides visual observations, we performed hammer sounding, used
a boroscope to view wall cavities, and made test holes in the brick in eight locations. We also took
samples of intact bricks for laboratory testing.
' Mjorud Architecture
Project BADX -98 -85 1
January 22, 1999
Page 2
' In general, the exterior brick on the south end of the building are in poor condition. Please see
Photographs 1, 2 and 3, enclosed. Many brick have spalled faces. Other brick that appear to be
intact were found to be delaminated when sounded. In some cases, brick faces could be detached
with finger pressure. We estimate that damaged brick is on the order of 30 to 50 percent.
A pattern of brick distress was noticed that corresponded to the location of the steel ties that
' connect the exterior buck to the block back -up. The ties apparently were a condensation point, as
the brick were especially spalled in those locations. Please see Photographs 4 and 5.
When brick was removed near the roof, warm, moist air that smelled strongly of chlorine spilled
' out. The brick distress was more pronounced higher up the walls.
The structural steel where exposed was not significantly corroded. Please see Photographs 6 and
' 7.
The underlying block did not show signs of distress where exposed. There was not a mastic or
other water barrier on the cavity side of the backup. There was no means of venting or draining
the cavity, such as wicks, open head joints, or vents. The brick on the penthouses were especially
spalled on the north sides, which is the exhaust side. Please see Photographs 8 and 9.
' The brick did not show signs of unusual distress on the northerly, easterly or westerly exposures.
g Y Y Y P
' Laboratory Testing
We obtained a set of brick samples from an area that was not showing visible signs of distress.
' The brick were tested according to American Society for Testing and Materials (ASTM)
designation C67, Standard Methods of Sampling and Testing Brick and Structural Clay Tile.
The results are summarized as follows:
' Brick Tes
Compressive Absorption Absorption Saturation
'
Sample strength s S by 24 -hour by 5-hour Coefficient
lb /sq in ample immersion, % boiling, %
IF 6,980 IA 6.12 6.45 0.95
1G 11,930 113 5.97 6.21 0.96
1H 11,810 1C 5.96 + 6.24 0.96
' 1I 8,710 1D 5.65 I 6.03 0.94
1J 12,490 lE 5.93 I 6.14 0.97
' Average 10,380 5.93 I 6.21 0.96
i
Mjorud Architecture
Project BADX -98 -851
January 22, 1999
Page 3
1 Test results were compared with ASTM designation C218, Standard Specification for Facing
Brick. Minnesota is considered to be a severe weathering region, so the corresponding designation
' for exposed brick is Grade SW. The test results conform with the requirements for Grade SW,
which are briefly summarized as follows:
• An average compressive strength of 3,000 lb /sq in, with no individual strength below
2,500 lb /sq in.
• A maximum absorption by 5 -hour boiling of 17 percent, with no individual absorption
above 20 percent.
• A maximum saturation coefficient of 0.78. (Waived if the cold water absorption does not
exceed 8 percent.)
Based on the test results, the brick meets the customary specifications for use in this area.
Thermal Analysis
Thermal modeling was performed on the wall construction to determine the point of condensation
and rate of condensation in the wall as constructed and to provide clear indication of what would
be required to move the point of condensation out of the wall or reduce the rate of condensation to
essentially zero.
Using the American Society of Heating, Refrigeration and Air Conditioning Engineers design
temperatures for the Minneapolis /St. Paul area, thermal analysis indicates that condensation begins
to occur some point inside the interior block masonry wall. Condensation would continue to occur
both in the cavity space and in the brick as well. This is consistent with our field observations.
' Discussion
We judge that the exterior brick in three southerly wall faces of the pool area are suffering distress
due to freezing and thawing in the saturated condition. The high humidity of the pool, coupled with
a lack of cavity vapor barrier and ventilation compound the problem. Although there is an air
space between the exterior brick and the interior block, we did not find any means of draining or
' ventilating the cavity.
The pattern of distress corresponding to the steel ties is problematic, as is the relatively large
percentage of damaged brick. We judge that it would not be economic to attempt spot repairs to
damaged brick; rather, it will be necessary to remove extensive areas of the brick veneer. The
exterior brick at the penthouses was also extensively distressed. We did not observe significant
corrosion of the structural steel framing.
i
' N1jorud Architecture
Project BADX -98 -85 1
January 22, 1999
' Page 4
' Outside the pool area, the brick is in visually better condition, with scattered areas in need to spot
repair.
i Conclusions and Recommendations
Based on the ease which some exterior brick faces in the south pool area could be detached, we
recommended to the City that the area be blocked off from pedestrian traffic.
Based on our sampling and observations, repairs to the structural steel framing members are not
anticipated.
i Due to its severely distressed condition, extensive replacement of brick will be required at the south
end of the pool. The distress was most pronounced on the three faces of the building on the south
i end.
We recommend that the brick be sounded in the repair areas just prior to repairs, as this type of
distress tends to bz progressive. We are available to assist with preparation of a detailed plan and
specification for restoration.
i The steel brick anchors should be individually inspected after the distressed brick is removed. If
they have not lost significant cross - section, they can be cleaned by sandblasting and re -used.
Otherwise, they should be replaced as needed.
Two approaches were considered to deal with the condensation. In the first approach, the
resistance to vapor flow of the warm side of the wall was increased such that the rate of
condensation within the brick dropped to zero. This would require installation of material on the
wane side of the wall with a resistance of at least 32 rep. This resistance could be provided with a
10 mil layer of polyethylene which has a resistance of approximately 33 rep. This would have to
be placed throughout the entire wall and tied into the existing window systems. Further, some type
of interior adding would be required, both to protect the polyethylene from damage and for
aesthetic purposes. This interior coating could be attached using shear keys to the existing cntenor
wall, however, care would have to be taken at all locations to prevent penetration of the vapor
i barrier.
The second approach considered was the placement of extruded polystyrene insulation on the cold
i side of the wall. This has the effect of raising the saturation vapor pressures within the wall and
reducing the likelihood of condensation. Thermal analysis indicates that with 2 inches of extruded
polystyrene insulation on the cold side of the wall, the rate of condensation at the brick interface
would drop three orders of magnitude. This condensation itself could be stopped by placing two
coats of latex paint on the interior wall, thereby increasing its resistance to vapor flow.
i Other methods of controlling condensation in walls include reducing the humidity on the warm side
of the wall, and preventing openings through which vapor can be convected. While it is
1
1
' Mjorud Architecture
Project BADX -98 -851
January 22, 1999
' Page 5
' impractical to try the former, any remedial action should involve the filling of voids, cavities and
openings which allow moisture into the wall space.
' Another effective measure in preventing condensation in the wall would to vent the existing
airspace. This could be done in a number of ways, including the installation of vents in the top
course of the facing brick. At the same time, vents could be installed in the interior wall, allowing
an easy path for vapor to escape, and therefore reducing the migration rate of vapor through the
wall and associated condensation problems.
The brick on the penthouses are also severely distressed, and should be replaced. Alternatively, the
penthouses could be reconstructed using architecural metal panels or some other exterior finish.
Elsewhere on the building, the brick did not show signs of distress beyond what should be expected
' of a building of this age. Periodic maintenance and minor repairs should be made as needed.
Professional Certification:
' I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that I am
a duly Registered Professional Engineer under the laws of the
State of Minnesota.
' / Kevin A. MacDonald, M.A. Sc., P.E.
Principal Engineer
' Registration Number: 25148
Charles R. Brenner, PE
Vice President
' c: Mr. Jim Glasoe; City of Brooklyn Center
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Photograph 1 : Brick distress at southwest corner of pool, Note fogged thernu> pane window.
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Photograph G: Exposed structural steel column at left. The column was wrapped in a vapor barrier;
' however, even where it was exposed it was not significantly corroded.
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Photograph 7: Structural steel inside penthouse. Steel shapes are not significantly corroded.
' tMetal deckintl has catter 1 area f s ec s o rust.
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Photograph 8: Extensive brick distress on roof penthouse.
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Photograph 10: Checking the location of masonry ties with a magnetometer.
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Photograph 11: Sampling brick foi laboratory testilic
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