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4 Award Bid Roundhouse Park ITYOI ~0 Gry Center Ddve, PO Box 147 il Chanhasse,, Minnesota 55317 [ Phone 612.937.1900 General Fax 612.937.5739 E, gineering Fax 612.937.9152 Public Safety Fax' 612.934.2524 Web www. ci. chanhassen, mn. us MEMORANDUM TO: FROM: DATE: Scott Botcher, City Manager Todd Hoffman, Park & Recreation Director January 18, 2001 SUB J: Award of Bid, Roundhouse Park Pavilion Renovation The Park & Recreation Commission recommends that the City Council authorize a budget amendment increasing the Roundhouse project costs to no more than $125,000 using park dedication funds, and award the Roundhouse Pavilion Renovation Project to M-Con Construction in the. amount of $123,437. BACKGROUND On January 9, 2001, the Park & Recreation Commission reviewed the bids for the Roundhouse Park Pavilion renovation. Meeting minutes from that evening are not available due to operator error. (I pressed the "play" button instead of "play and record.") I can tell you that the Commission conducted a spirited he Gtl, of Chauhassen. A ¢'owin¢ communir¢ with clean lakes, aua/in, schooh, a cha¢min¢ downtown, thrivin¢ businesses, and beau3ihd oarks. A ¢reat dace to/i~¢e. ,¢nrk. and obv. Mr. Scott Botcher Janua~./18, 2001 Page 2 discussion over why it is important to save the Roundhouse. In addition, unlike past voting tallies concerning the Roundhouse, the recommendation to move forward was unanimous. The attached report details the events preceding last Tuesday's Commission meeting. The Commission elected to seek a chang6 in the project specifications. In lieu of exterior scraping and encapsulation, they favor stripping and clear sealing the exterior walls. The contractor responded to this change, with the following pricing: a. Eliminate scraping and encapsulation of exterior walls: Deduct $4,375 from our bid amount. b. Strip and clear seal exterior walls: Add $4,065 to our bid amount. This brings the total bid for the Roundhouse Renovation Project to $123,457. RECOMMENDATION On the evening of January 9, 2001, Commissioner Franks moved to recommend the City Council authorize a budget amendment increasing the Roundhouse project costs to no more than $125,000 using park dedication funds, and award the Roundhouse Pavilion Renovation Project to M-Con Construction in the amount of $123,437. ATTACHMENTS 1. Location Map and Park Master Plan 2. Letter from Jon McDonald, President of M-Con, Inc. 3. Report to Park & Recreation Commission dated January 4, 2001. g:\park\thkroundhouse award of bid.doc /, ua~..qu~eqD ~1o .~O~o~A ~o ~:~ I--- L~L I:IBNS Uleld 08 O ~' 0 ~lo$ouU!l/~l 'uoss~qu~qo to AI!O ~PUd osnoH punoH 8~Jd DNIHSbJ fROM ' Locus Rrchit~cture Ltd. 6I.,"Z 8/2001 88:£1 7G~:l S87864 FR× NO. : 7637065601 Jan. 18 2001 10:~OAM P2 M-CON, INC. J~u~y 17, 2001 Wyane Yel[and Locus Architectm"e, Lid, 1.500 Jae. kson $ta'~t N.E. Minneapolis, MN 55413 Subject: Ch..nhassen Roundhm~ Pavilion Renovation Dear As req~sted, th~ following prices are for fl~ extc'rior fiai~hi~g work on th~ above mentioned project: A) eliminate scraping ami encapsulation of exterior walls: deducz $4,375.00 from our bid mount B) strip a.~ clear ~at exterior walls: add $4,065,00 to our bid mount Please call ifyou have any questions. President CITYOF 612.037./900 F,;x 612.937.573P £;:gi,ec;'i,g Fo: 512.937.9152 5~fi'O' ~z ~I2.934.2524 MEMORANDUM TO: FROM: Park & Recreation Commission ~,, y,;' · Todd Hoffm~n, Park & Recreation D~rector DATE: January 4,2001 SUB J: Receipt of Bids, Roundhouse Park Pavilion Renovation In 1999, the city hired Locus Architects to conduct a preliminary investigation and condition review of the Roundhouse. A copy of this report is attached. The report estimated that an investment of $61,100 to $86.800 would be required to renovate the Roundhouse. Subsequently, Locus Architects was hired to prepare plans and specifications and conduct bidding for the renovation of the Roundhouse pavilion. The City o£ Chanhassen has received bids on the project on two occasions. The first bid opening of September 29. 2000 resulted in two bids--one of $145,769 and a second at $237,000. Both bids were rejected, and a second bid opening scheduled for December 6, 2000. During the first bidding process, several contractors identified possible sources o_F asbestos and lead based paint in the project. In order to determine the extent of these issues, the city hired Angstrom Analytical, Inc. to conduct limited scope asbestos and lead-in paint tests. Copies of these tests are attached. The results identified approximately 40 to 50 sq. ft. of linoleum in the second floor bathroom containing friable asbestos. The lead-in paint test identified five exterior and two interior paint locations, which exceed the lead based paint hazard threshold. The results of these tests ,,,,,ere incorporated into the second set of bid documents distributed for the December opening. While both of these issues increased costs, I view the asbestos containing tile as a minor element. The lead based paint on the exterior of the house is more significant in scope. The second bid opening resulted in four bids--S119,372; $124,800; $131,000; and $183,060. The low bidder was Mcon Construction of Hanover, Minnesota. These bids are all approximately 50% or more over the established project budget of $80,000. Hoxvever, I believe the three low bids represent today's prices for completing the work identified in the plans and specifications. In other words, I do not believe a third bidding would yield a significantly different result. Park & Recreation Commission Janttary 4, 2001 Page 2 In conversation with the President of Mcon Construction, the two most costly elements are the structural steel and the exterior pairiting. Beyond that, line item costs dropped to $3,000-$4,000 per item. The architect and I discussed the merits of limiting the scope of the project in an effort to reduce costs. Wynne Yelland of Locus Architects details these findings in a letter to me dated January 4, 2001. My conclusion is that none of the potential changes yield enough savings considering their associated impacts to the project to be warranted. Alternatives to awarding the project are: o The first and most easily identified alternative is to write off the investments made to date in planning and architectural work and demolish the Roundhouse. . A second alternative would be to reject all bids and work with a local contractor on a time and material basis to provide a band-aid approach to fixing the Roundhouse. This would result in a building with an attractive exterior appearance, but little interior work. The maximum that could be invested under this approach is $50,000, which under these circumstances, would be akin to throwing good money after bad. If the city chooses to invest over $50,000, state bidding laws apply, and the competitive bidding process we have just applied on two occasions needs to be honored. As part of 3'our deliberation, I want to update the commission on the funding sources for this project. To meet the $80,000 budget, $40,000 was allocated from the 1997 Park, Open Space and Trail Referendum, and the second $40,000 was included in the 2000 Park & Trail Acquisition and Development Capital Improvement Program. At present, the Referendum Neighborhood Park Improvement budget is carrying a $44,733 deficit. This is due to minor changes in the' scope of the other 25 neighborhood park projects carried out under the referendum (total budget of $495,000). It is my recommendation to the City Manager that the $44,733 deficit be covered by the Park & Trail Dedication Fund (current balance $1,701,845). Further, it is my recommendation that the Park & Recreation Commission also seek to utilize Park & Trail Dedication funds to complete the Roundhouse project in 2001 and make such a recommendation to the City Council. Park & Recreation Commission January 4, 2001 Page 3 RECOMMENDATION It is recommended that the Park & Recreation Commission recommend the City Council authorize a budget amendment increasing the Roundhouse project costs to no more than $125,000 using park dedication funds; and award the Roundhouse Pavilion Renovation Project to Mcon Construction in the anaount of $119,372. ATTACttMENTS 0 Preliminary Investigation and Condition Review of the Roundhouse. Limited Scope Asbestos and Lead-in Paint Test Results. Bid Results. Letter fi'om Locus Architects Scott Botcher, City Manager Todd Gerhardt, Assistant City Manager Dale Gregory, Park Superintendent Bruce DeJong, Finance Director Locus Architects g:',park"~th,,roundhouse'?rc memo 1-9-00.doc PRELIM ARY INVESTIGATION AND CONDITION REVIEW Roundhouse Stmmn'e Roundhouse Park Chanhassen, Minnesota July 20t~, 1999 SCOPE OF TttE WORK On July 8~h, Paul Neseth (Locus Architecture, Ltd., architect) met with Todd Hoffman (City of Chanhassen, Parks and Recreation Department) and David MacDonald (Mattson MacDonald, Inc., structural engineer) to assess the condition of the existing Roundhouse structure on the site of Roundhouse Park, adjacent to Lake Minnewashta The purpose of the visit was to observe the existing condition of the building, consider the proposed plans for renovation and adaptive reuse and provide an opinion on the cost and extent of work most likely required to stabilize the stmcnn-e and allow the safe future reuse of the building. The visit was intended to be a cursory review of the existing building, ga~ exhaustive inspection was n~'"~p~formed. The observati~s were limited to the extent necessary to form only general preliminary opinions and recommendations. BUILDING CON~mON The building is a wood stave and hoop silo/water tower that was converted into a residence with the addition of windows, doors, interior floor levels and a full basement. The building has been left unoccupied for a period of time and all interior spaces have been subjected to severe water penetration. The water has mused considerable' damage to the interior finishes and furnishings, but at this time does not appear to have adversely affected the main building stmcnn'al system or foundations. The wood used in the existing building is ofextremely high quality. It is generally old growth timber, and is not extensively available in the market today, with the exception of a few quality timber salvage suppliers. These suppliers salvage their material from older buildings, or recover lumber from lake, river and stream bottoms. The material is generally of a superior quality to that found at lumberyards, and priced accordingly. The staves in the Roundhouse building are most likely douglas fir and much of the material is vertical grain lumber from old growth forests. The intrinsic and historic value of this material is noteworthy. The building is configured sufficiently for reuse as a shelter and warming house. We see no monumental problems associated with the layout. Demolition Second Floor Deck The deck is constructed of 2 X 12 douglas fir flaming members with IX material for sub-floor, All of this material should be removed carefully, taking pains not to damage the exterior wall stmma'e or the material being removed. Reuse of the 2 x 12s for the construction &the entry canopy roofwill be beneficial in lowering the overall cost of the project. Exterior Paint The exterior is coated with numerous layers of paint which have bet~ applied over several decades. We are assuming that some of this paint contains lead, and thus, must be removed with care. Sandblasting the exterior will most likely be the most effective solution in removing all of the paint. Care must be taken to prevmt any potential lead from becoming airborne or being lef~ behind on park grounds. Care must also be taken in order to protect the surface of the wood from pitting, as the fir is a fairly sof~ surface. oof The roof has failed completely both as a watertight membrane and as a strummal element. The roof framing sags considerably toward the middle of the building and water that has ponded on the roof pours into the building. The roof membrane and roofstrumn'e should be replaced completely. Removal ofthe roof should be done in such a manner so as not to harm the remaining building. Any reusable material should be salvaged to reduce the overall cost of the project. Interior Finishes The inter/or finish on the perimeter walls is ~A" thick tongue and groove douglas fir. The quality, again, is superior to that which is commercially available today and should be protected and lef~ in place. All of the other.interior finishes should be removed from the building in a manner which will allow them to be used in the future. The quality of the material used in the stair to the second floor is superior. Basement Partitions The basement is divided into two rooms, one large room which houses the utilities for the building and another room which is a bathroom. Ail of the partitions on this level should be removed to make room for future utilities and storage. None of this material is likely to be salvaged for future USe. Existing Windows All of the windows should be removed in a manner which allows those which are in good condition to be salvaged. Some windows are damaged and should be discarded. Second Floor Door The door should be removed and discarded. The remaining opening will be resized for a new window. First Floor Door The entrance door should be removed and discarded. The opening will need to be altered to al/ow for an accessible door. Repair / Reuse Foundation Floor The foundaion for the building is a 12' masonry wall built to approximately the same radius as the building above. The foundation appears to be ofnew~ construction than that of the building above and appears to be in good to very good condition. The foundation walls extend to about 16" above grade level and there are two basement windows. There was no evidence of serious cracks, bowing or settlement of the foundation walls. The foundation walls and footings appear to be performing satisfactorily. Due to the presence ofconsiderable moisture within the building it was. not possible to determine if water penetration through the foundation walls was a problem. First-Floor Deck The re-use of the first floor mcan-e, provided future investigation is consistent with our findings, will be very advantageous for the type of use the City of Chanhassen is considering. The material is durable enough to withstand heavy use and thick enough to accept several re-sanding/finishing treatments. It is conceivable that no finishing would be acceptable since the material would accept the patina of use very well. The first floor consists of tongue and groove timber decking spanning across the circular structure. There are two steel channels acting as intermediate supports under the decking. This floor structure has become saturated with water and has buckled severely. The high moisture conditions have also mused surface resting of the steel members below this floor. It appears that the floor structure is sound and in good to fair 'condition. The water penetration has not as yet had an adverse affect on the condition of the strucna~l elements. However, ifthis condition is lef~ unattended for any period of time, rotting and irreversible deterioration will occur. It is not likely that the existing floor structure will be capable of supporting the 100 psflive load requirement (per Uniform Building Code) for public space without additional reinforcement. Exterior Walls The exterior ofthe building is built with wood plank "staves" - most likely bevel trimmed - possibly tongue and groove, and held together with iron hoops that circle the building at various levels. This is typical silo or water tank construction that is built in the same fashion as an old barrel. It appears that not all of the staves or vertical planks are fi.om the same original tank. It also appears that the iron hoops were moved and re-positioned to accommodate doors, windows and to possibly coincide with the second floor level. The exterior members appear to be in good to very good condition. There appears to be no rotting occurring in the wall structure, however, we should expect that some rotting or sub-standard wood will be uncovered in the demolition process. We expect that the quantity will be minimal. The existing windows and doors have minor affect on the stability and integrity of the structure. If no more substantial openings are required, it is the opinion of Dave MacDonald that the building is not threatened by maintaining the current openings. Dave MacDonald was concerned with the method that was used to transfer the wall loads to the foundation walls. It appears that the full load of the roof, upper floor and walls is transferred to the first floor decking from a small notch in the wall members. Dave did not consider this an acceptable condition and this detail would have to be addressed in the renovation phase of the work. A steel angle should be added to the base of the building to improve its structural integrity. Due to extensive weathering, the exterior walls will need to be stripped or sandblasted. The opening of the first floor door should be expanded to accommodate a larger accessible entrance. The building is currently provided with both gas and electrical utilities 'that are reported to be in full working order. There are currently bathrooms in the structure, however, it is our opinion that ... accessible restrooms in the renovation would use too much of the square footage available. Thus, we suggest that no restrooms be relocated in the building. New construction Roof The roofs profile is a prominent feature of the building. The current flat roofs)stem is not appealing or structurally efficient. It is our opinion that a roof structure that has more ora presence would be beneficial to the visual quality of the building. A pitched roof would have more ora profile and also be consistent with the former, rural nature of the area. The interior roof structure, if lett exposed, could also be a strong feature of the interior of the building. It must be designed to carry 40 psfsnow load as required by the Minnesota State Building Code. This can be accomplished with conventional dimension lumber fi.ming. Windows Insulated wood windows will provide the building with durable and low maintenance apertures while keeping costs to a minimum. Trim will appear on both the interior and exterior sides of the windows. New doors and windows should be sized to fit in the existing openings. Enlargement of the existing wall openings should be avoided. Also, we do not recommend increasing the number of wall openings. We understand that it may be necessary to widen the first floor entry door opening slightly to accommodate handicap accessibility requirements. It did not appear that this would have a serious affect on the structure. New lintels may be required for any larger window or door openings. At the time of our visit it was not possible to determine if any lintel of any type was provided at any existing openings. Depending on the size and location of the future window and door openings, it'may be possible to re-position the steel hoops around the building to a more symmetrical (i.e. preferable) configuration. Access Ramp / Site Work There are currently two steps up to the door on the exterior. The grade of the site will have to be modified to allow easy access to the existing door for wheelchair accessibility. New Heating System The suggested use of the building in the winter is that of a warming house for a skating fink. A new heating system should provide the house with a mhfimum year-round temperature of approximately 55 degrees. Electn'cal (lighting / ceiling fan) Ventilation and air stratification will be conu'olled via a ceiling fan. Entry Canopy A new entry, canopy is not necessary for the structure, however, it would provide cover over the door. New beams, columns and foon'ng under the first floor It is the opinion of Dave MacDonald that additional steel supports and columns in the basement may be needed below the existing floor structure. This may require additional new small footings below the basement floor. Re-positioning of the steel hoops and modification of the hoop in line with the door opening. The steel hoops on the perimeter may need to be adjusted to provide a more efficient structure. Additionally, the hoop currently penetrated by the first floor door will have to be adjusted to accommodate the larger door. Rebuild Basement Stairs The foundation floor is acceptable for the new utilities and also for general storage for the park and shelter. Seasonal storage of chairs, benches, tables, etc. would be accessible through a trap door located in the same position as the current stair. No extensive re-fi.ming would be necessary. The existing stair would need to be re-framed; however, the service nature of it would not require a finished treatment, but rather one which simply meets code. Steel Angle As indicated above, the support of the building on the foundation walls is suspect and should not remain as it is currently. Dave MacDonald would recommend that a new bent plate or steel angle be placed around the interior of the building on the floor. Lag bolts should be installed into the vertical wall staves and anchor bolts should be extended into the foundation wall. Basement Windows There are cun'ently two basement windows which should be replaced with glass block units with venting. This would provide a greater degree of security for the building while main,raining the light and venting options of the windows. ENGINEER'S S~Y It is Dave MacDonald's opinion that the existing structure is in good to fair condition. With immediate attention to the problem of water leakage into the building, fia'ther threat of deterioration of the structure can be eliminated. The building appears sound and stable at this time. Minor deficiencies were noted during this cursory review and it is not unlikely that additional minor deficiencies will be found during demolition and cleaning of the interior spaces. There was no observed evidence of serious deficiencies or deteri6rafion that would make the adaptive re-use unfeasible for this strucna'e. ARCHrrECT'S SWMMARY We believe that the existing structure in Roundttouse Park has substantial value as an architectural element.. Both the existing materials and the history of the building are irreplaceable. The plan of the building is perfectly suited for the suggested use and would also be conducive to future adaptation. The investment in preservation will surely be worth it. Paul V. Neseth, AL4 Locus Architecture, Ltd. .luly 20, 1999 DEMOLITION Second Floor Deck Exterior Paint (Sandblast) Roof Intedor Finishes Basement Partitions Existing Windows Second Floor Door First Floor Door Fstimated Costs Low High $10,000 $15,000 REPAIR / REUSE Foundation Floor (possible waterproofing) First-Floor Deck (Finishing) First-Floor Deck (Repair) Extedor Walls (Repair of degraded material) Extedor Finishes Interior Wall Finish NEW CONSTRUCTION Roof Windows Acbess Ramp / Site Work New Heating System Electrical (lighting / ceiling fan) Entry Canopy New beams, columns and footings under the first floor framin.c Repositioning of Steel Hoops Rebuild basement stairs Steel Angle Basement Windows (Replace with glass block) Engineering Total $750 $1,500 $8OO $1,500 $1,000 $2,000 $1,000 $2,000 $2,200 $3,000 $1,500 $2,000 $18,000 $24,O00 $6,OOO $9,OOO $750 $1,500 $3,5OO $4,0OO $4,0OO $5,OOO $2,000 $3,000 $4,000 $5,0O0 $800 $1,000 $1,500 $2,000 $2,000 $3,000 $1,000 $1,500 $5OO $8OO $61,100 $88,8OO 12203 Princeton Avenue Eden Prairie, MN 55347 Office: (952) 941-4805 FAX: (952) 829-7273 City of Chanhassen Attn: Todd Hoffman 690 City Center Drive, P.O. Box 147 Chanhassen MN 5531'7 October 24th, 2000 Re:- Roundhouse Pavilion, Roundhouse Park Chanhassen, Minnesota Dear Mr. Hoffman: Further to our visit to the-above referenced property on 10/12/00 for the purposes of conducting a limited-scope asbestos inspection, we are prepared to state that there are both fl'iable and non-friable asbestos containing building materials contained in or on the fabric of the structure. Tile friable asbestos containing materials are: 1) Approximately 40 to 50 square feet of linoleu, m bathroom in generally poor condilion. the second floor Tile non-friable asbestos containing materials are: 1) Approximately 400 to 450 square feet of 9"x9" red and green floor tiles in the main floor in generally poor condition. 2) Approximately 10 to 20 linear feet of tar on the exterior of the structure in generally poor condition. 3) Approximately 450 to 600 square feet of various roofing materials were assumed to be asbestos containing. No samples other than from the fabric of the building that is planned for a future renovation were taken or analyzed and this report relates only to the Roundhouse Pavilion located at Roundhouse Park in Chanhassen, MN. 45 samples of suspect building materials were collected and analyzed in our laboratory by Polarized Light Microscopy. Please see attached notes. This survey also included testing for lead-based paints. Please refer to the attached Lead-in Paint report for more information. Thank you. Sincerely, Tom Key Angstrom Analytical, Inc. /ulsnpul ~uatualeqv legalel41 snop]ezeH aql Jo] sao!/uaS aua!&fH Ie!Jlsnpul a#s-uo pu~ /OOl~JOqS-I aot. zuas finn :gu!leS[ le[lualod 'puoD s]!uFl X]BuunO % osuodso~I o:getue(I m[ll,(qdoqlu V = H.LNV m!lOU!laV = .LDV solsoqsv .~oqmnN jo sod,~£ oldtuus looJ aJunbs = :IS looj ~uou!I = uo!luaU!luopI [u.uOlUlN Egg mosauu[IN 'uossuqueqD xo~t Od 'aA[JO JalUaD £I[D 069 dqD 'Joloa.q(I uoIleo-~oaH ~ >laUd uemjJoH ppo.L 'J~ :ullv ]elosouullal 'uossequuqD jo 00/~ [/0 [ ~.md osnoqpunokt 'uoli!Aed osnoqpuno~I UO!leOOTl 'oN laa.ro-M :amuN gu!pl!ntl sooDJaS lelUOtUUOJl,~Ullt 'i' IUOll~lUUV tumls§u CZgZ-6g8 (~1-9) :XV.4 Z'lzCfi~; N~ 'a!J!ead UOp:::l · · SO81z-I-lz6 (g~9) :ao!ttO onuaAv uolaou!ad CO,gL 'OUl 'leo!lAleuv tuoalsfiuv :£q poJedo.~d ~!!~!!~?~[~?~i?~.!~i .ngstrom Analytical, Inc. 12203 Princeton Avenue Eden Prairie, MN 55347 Office: (952) 941-4805 FAX: (952) 829-7273 ANALYSIS OF BULK SAMPLES FOR ASBESTOS USING POLARIZED LIGHT MICROSCOPY (PLM) Prepared for: Client Job or reference: Number of samples: City of Chanhassen Attn: Mr. Todd Hoffman Park and Recreation Department 690 City Center Drive, P.O. Box 147 Chanhassen, MN 55317 Roundhouse Pavilion, Roundhouse Park 45. METHOD AND DEFINITIONS The submitted samples were atial3'zed using the EPA Interim Method #600~'I4-82-020 (polarized light microscopy with optional dispersion staining). The method defines att asbestos-containing material as one that contains greater than 1% asbestos by weight, and asbestos is defined as the fibrous fot~ns of serpentine attd certain amphiboles. While the fibrous attd non-fibrous forms of minerals are discernible macroscopically -itt hand specimens, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (length over width) under the microscope are approximately >10; non-fibrous amphiboles are generally those whose mean aspect ratios are approximately <6. During analysis, morphology and an estimate of mean aspect ratio are used to assign a given mineral fiber population to fibrous of non-fibrous categories. That non-fibrous amphiboles are not reported as asbestos is consistent with mineralogical definitions, but does not imply that non-fibrous amphiboles are not hazardous. Airborne concentrations of them may be regulated by OSHA under certain circumstances. The type of dispersion staining used is generally phase contrast, ahhough central stop dispersion staining may also be used. PER CENTA GE REPOR TING The percentage of each fiber type present was determined using volume percents estimated from stereoscopic examination, projected area percents front mounted slide examination attd percents from comparison to weight percent standards. Such estimations are suitable for most samples, but do have large error ranges. Errors are estimated to be 100 relative percent uncertainty for percentage estimates under 10% ranging down to as little as 10 relative percent uncertainty for percentage estimates greater than 50%. Friable samples which have been estimated by the above methods to contain less than 10% asbestos can be point-counted, according to the EPA Interim Method, as required by NESHAPS. In low percentage samples, point counting may produce false negatives or positives, due to the small number of points counted. For samples consistbtg of more than one apparent type of material or layer, the percentage of each fiber type in each type of material or layer is determined and reported separately; an overall average for the sample of each fiber type is then calculated. The reported friability ora sample refers to that friability observed in the condition analyzed (broken, crushed, etc), attd is not to be substituted for an on-site assessment of friability. Each Angstrom Analytical Lab report relates only to the sample tested attd may not, due to the sampling process, be representative of the material sampled. .......................................................... Date: October 24, 2000 J ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~0 jo uo!le~o-1 uolld!]~SOQ le3!s~ttd le!]alelAl ]oq~unN aldmes pauoqd C~-02-~1 Afl paAoJddv' ~!A s]lnso~ $1SX"iYN¥ S-I¥1~alV~ 40 l~lOd:J~l 'Sa-idlAl¥S ~-lnia (IAl-ld) S01SaagV lU~!l~luuv tu o~x ~ u~Q UO!Ii]3O-i uo!ld!J3sOC] le3ls~qd le!Ja]e~ JaqmnN aldme8 SISA-IYNV S"iVI~i=I..I. VIA! -!0 .L~lOd"q~! ':S:J"IdlAi¥S 'H-II'lEI (IAI'Id) SO..LSaSSV 17 uo!le3o-1 uo!ldp~sOQ leO!s~tld lePaIelAI JaqmnN aldmes. $18X'IVNV S-I¥1~laZYB 40 l~tOd:l~l :Sa-ldlAIVS WIRE (IAI-id) $OJ. SEIEISV lU~!~XluuV uo!le3o'-I uo!ld!J3SaQ le3!s/~qd le!Jolel/~ JoquJnN aldtueS e!A sllnSO~l ' SISA-IVNV S'IVI~I=IIV~ dO Z~Od:l~! 'S=I-ldlAIVS >l-ina (~"ld) SO.LSaEIS¥ Z~,g.~9. N~I 'epte~d upp3 'e'~V uot, eoulM COZ. Z, I- / :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ======================================================================= : ':i~i??:'':':':''' i~i:~i: ~ii~ -- 0/? JaqmnN oldLueS /? ~!A sllnSO~l SISAqYN¥ S'-I¥1~lZlJ..¥~ _-!0 J_'klOdZl~! 'S'a-ldlkl¥$ ~-Ina (~'"la) so.Lsaasv L~28.$3 N~ 'ep/~d U.ep..a lU'~!lXleuV Analytical, Inc. 12203 Princeton Avenue Eden Prairie, MN 55347 Office: (952) 941.4805 FAX: (952) 829-7273 October 24% 2000 Mr. Todd Hoffrnan Park and Recreation Director, CLP City of Chanhassen 690 City Center Drive, P.O. Box 147 Chanhassen, MN 55317 Re:- Limited Scope Lead-In- Paint Testing Report Roundhouse Pavilion, Roundhouse Park This report provides the results of limited-scope lead-based paint testing conducted on Thursday October 12a, 2000 at the Roundhouse Pavilion located at Roundhouse Park in Chanhassen, Minnesota. Angstrom Analytical, Inc. was authorized by you to conduct a limited field screening of suspect lead-based paint on the interior and exterior of the structure using a field portable x-ray fluorescence (XRF) analyzer. Results Results of XRF analysis are summarized in the following report .which utilizes Department of Housing and Urban Development (HUD) thresholds (see remarks) for lead-based paint. Methodology Testing was accomplished using a Warrington Instruments, Microlead I, Revision 4, Serial Number 721.1 This instrument is a portable, non-destructive, in-situ testing and measurement instrument that renders an average precision of +/- 0.3 milligrams per square centimeter (mg/cm2) depending upon the length of time the sample point is tested. Specific precision limits are established by the National Institute of Standards and Technology (NIST). This instrument contains a radioactive isotope, Cobalt 57, with a maximum activity of 15 m Ci. The manufacturer of the sealed source is DuPont, the source model is NER- 472. This instrument is registered with the Minnesota Department of Health and is operated by licensed lead inspectors. Sampling protocols recommended in HUD's "Lead-Based Paint: Interim Guidelines for Hazard Identification and Abatement in Public and Indian Housing." May 1991 revision, were used to determine the presence or absence of lead-based paint. Where conclusive results were not obtained by XRF testing, confirmatory paint chip samples were or can be collected for laboratory analysis. Remarks The Lead-Based Paint Poisoning Prevention Act (LBPPA) has established an action level for public housing. Under the statute, lead-based paint hazards eq.ual to or greater than 1.0 rog/cra2 or 0.5 percent by weight must be abated. Standards for private or commercial housing vary by locality. All sampling was conducted by representatives of Angstrom Analytical, Inc. If you have any questions or need further assistance, please call Charles Tye or Tom Key at tile number above. Sincerely, Angstrom Analytical, Inc. Attachments: Summary of Findings. .... ~..-.::~?ii~!i~[?.=~ : ngstrom Analytical, Inc. .... · 12203 Princeton Avenue Eden Prairie, MN 55347 Office: (952) 941-4805 FAX: (952) 829-7273 October 24~h, 2000 Mr. Todd Hoffman Park and Recreation Director, CLP City of Chanhassen 690 City Center Drive, P.O. Box 147 Chanhassen, MN 55317 Summary of Findings Lead-Based Paint Screening by XRF The scope of our services was limited to the detection of lead-based paint through the use of a portable XRF at the Roundhouse Pavilion located in Roundhouse Park in Chanhassen, Minnesota. All measurements are mg/cm2. Exterior 1) white siding 7;3 2) gray siding 6.7 3) light brown siding 6.9 4) gray window trim 1.9 5) gray window trim 1.4 6) white door 0.7 7) white door frame 0.5 8) light brown trim near door 0.2 Main Floor 9) white textured ceiling 0.3 1 O) paneled wall 0.0 11) stained window trim 0.0 12) white window frame 0.4 Basement 13) red window frame 14) blue window casement 15) red metal beam 16) white bi-fold doors 17) cream bathroom door 18) yellow bathroom wall Second Floor 19) white exterior door 20) xvtaite wall 21) paneled wall 22) stained handrail 0.8 0.6 0.9 0.0 1.3 0.8 1.1 0.3 0.1 0.0 BID PROPOSAL Roundhouse Pavilion Renovation City of Hastings, Minnesota Due Date: September 29, 2000 City of Chmthassen c/o: Todd Hoffinan, Park & Recreation Dkector 690 City Center Drive Chmthassen, MN 55317 M-CON, INC. The tmdersigned, as Bidder, proposes and agrees to funfish all labor, materials, equipment and. supplies to completely construct the Roundhouse Pavilion Renovation in Chanhasscn, Mhmesota, in accordmme with the I'lans and Specifications prepared for the work by Locus Architecture, Ltd. for fl~c lmnp stun listed below. A bid bond or certified check in the amount ofat least five percent (5%) of the total estimated bid is enclosed herewith as guarantee that if tiffs proposal is acccptcd, the Bidder will enter into a contract and. fimfish a pcrformm~ce bond within ten (10) days after his proposal is accepted, and it is agreed that said bid bond or certified check shall be liquidated d,'unages for Bidder's refusal or inability to contract and fm-nish bond. hi tiffs proposal, if accepted, Bidder agrees to connnence work by the inutually agreed upon date mid to complete work on or before the date specified in the Advertisement for Bids, subject to the provisions of the Contract Documents. It is understood and agreed that this proposal may not be withdravm within 30 days after bid closing date and flint the Owner reserves the right to reject .any or 'all bids m~d to waive formalities. Receipt of the following addenda to the specifications is acknowledged. Addendmn No. Dated ,20 LUMP SUM BID NUMERICAL: Ifa corporation, what is the state of incorporation? If a partnership, state full name of all co-partners. , Minnesota C-1 BID PROPOSAL Roundhouse Pavi}ion Renovation City of Hastings, Minnesota Due Date: September 29, 2000 City of Chan.hassen c/o: Todd. Hoffrnanr Park & Recreation Director 690 City C~ter Drive Chanhmssen, MN 55317 The undersigned, Maertens-Brenny Constructio2s ~tdder, proposes and agrees to furnish all labor, materials, equipment and_ supplies to completdy comstnmt the Roundhouse PavSl_i. on Reno,/a. fion in Chanhassen, Minnesota, tn accordance w/th the Plans and Specifications prepared for the work by Locus Architecture, Ltd. for the lump sum listed below. A bid bond or certified ch'gck in the amount ofat least five percent (5%) of the total esimated bid is enclosed, herewith as guarantee that if' thiq proposal J_s accepted., the Bidder will enter into ~. contract and ,fizrrdsh a pe~r-forrnance bond within ten (10) days after his proposal is acc~ted, and it is agreed that said bid bond ar cerdfied check shall be liqu/dated damages for Bidder's refusal or i. nabLliry to contract and Run/sh bond. In tMs proposal, fl'accepted, Bidder agrees to commence work by the mutually agreed upon d~te and' to complete work on or before the date'specified in the Advert/segment for Bids, subject to the provisions of th-e Cons:act Docm-n~ts. tt is understood and agr~ eed that fi'ds proposat ma>' not be with4rawn withkt 30 days after bid dosing date and that the C~'ner reserves the fight to reject any or all bids and to wa/ye £orrn~lifies. Receipt of the following addenda to the specificat/ons is acl. mowledged. Addendum No. Dated .- ,20 LUMP SUM BID NUivZERICAL: Ifa corporation, what is the state ofincorpo{:ation? tf a parmership, stat~ ~ frame of att co-parmers. Minnesota C-1 ~ROM ' Locus Apchitmcture Ltd FAX NO. ADVERTISEMENT FOR BIDS ROUNDItOUSE PAVILION RENOVATION ROUNDHOLISE PARK CITY OF CHANHASSEN Nov. 02 2000 ll'46AM The City of Chanhassen will rcceivo sealed bids for a renovation of thc existing "Roundhouse" building in- Roundhouse Park located at. the junctkm, of M/mnewash.m. Parkway and Kings Road. in Chanhassen, Minnesota. Sealed bids will be received until 12:00 p.m. (noon) local time, on Wednesday, December 6t~, 2000 at the City of Chanhassen, 6.90. City Center Drive, Chanhassen, .MN, 55317 at which time bids will be opened publicly and read aloud in City Hail. Work incl. udes but is not limited to demolition, asbestos abatement, lead encapsulation, adjacertt earthwork, structural augmentatior~, utilities, new roof structure and roofing, new glazing and £misking. Ali work to be completed lay May 3.1''t, 2(101. All bids must be submitted on the Proposal Form furnished in the Project Manual, with the Bidder's si.gmature in longhand, enclosed in an envelq,,pe beating the bidder-'s name. No bid. will. be coI~sidered unless sealed and filed with the City Manager and accompanied by a cashiers check, cast~, certified check or accepta, ble Bid Bond payable to the City of Chanhassen, in an amount equal to five percent (5%) of the total base bid. The bid bonds of the three lowest bidders w/.ll be retained until a comractis a. xuarded and si~d by all concerned, but not. longer than 30 days. Al1 others will be returned within 7 days of the bid opening. The successful bidder wSll be required to furnish a one-hundred percent (100%) Perfomxance and Payment Bond. The City of Chatnhassen reserves the right to accept or reject any or all bids, a_nd waive formal/ties or irregularities, in bidding. No Bidder may withdraw a. bid withi~ thirty, (30) days. after the scheduled time of bid opening, without the wz/tte~ consent of the City of Chanhassen. Contract Documents will be available on November 13th for review at the Front Desk at City Hall and purchase at the office of the Architect: Locus Archltect~tr¢, Ltd,> 1500 Jackson Street NE, Th/rd Floor, Minneapolis, Mim~esota 55405. Doeurnents may be obtained for a non- refundable fee of $.30.00. A delivery, charge will be levied if plans are requested to be delivered any other way than the US Postal Serv/ce. Contact: Wynne Yelland, (612) 374-5534 or (612) 232-3609. CITY OF CHANHASSEN SCOTT BOTCHER, CITY MANAGER Publication dates: Chanhassen Vitlager - No-~ember 9th and 16m, 2000 Construction Bulletin - November 10tk and 17th, 2000 A-I BID PROPOSAL Roundhouse Pavilion Renovation City of Hastings, Minnesota Due Date: September 29, 2000 City of Chanhassen c/o: Todd_ Hof'frnan. Park & Recreation Director 690 City Center Drive Chanhassen, MN 55317 The undersigned, Maertens-Brenny Conshructionas Bidder, proposes and a_N-~ ees to furnish all labor, marsala, equipment nnc[ suppJ2es, to completdy consm2m the Roundhouse Pa, dJ2on Renovation in Chanhassen, Minnesota, in accordance with the Plans and Spec£ficadons prepared for the work by Locus Architecture, Ltd. for the lump sum li~ed below. A bid bond or certified check in the amount of at least five percent (5%) of the total e~mated bid is enclosed herevdth as. gztarantee that if thi~ proposal is. accepted, the Biddm: ,~ill enter into a contract and furnish a performance bond within re2 (10) days after Ms proposal is accepted, and it is a~eed that .said bid bond or certified check shall be liquidated damages for Bidder's refusal or inabLlity to contract and furnish bond. rn tS/s proposai, i'£accepted, Bi'cider a.~ ecs to commence work by' the mutually agr~ ee~ upon &~te and to complete work on or before the date specified in the Advertisement for Bids, subject to the pro'dsioas of the Contr~ Documents. it is understood and a:gr~ eed that this proposal may not be witbztrawn v,'ith~r~ 30 days after bid dosing date and that the Ch~,ner reserves the r/gjat to reject any or all bids and to waive formal/fla. Receipt of the following addenda to the spe,dfications is ackmowledged. Addendum No. '1 Dated 9/25 ,2000 LUMP SUM BID NUME~CAL: _ ~. If a corporation, what is the state of incorporation? tf a partnersh/p, state f~ marne of att co~parmers. Minnesota C-1 Maertens-£ ~y ConstructionCom~ny 1,0cus'Architec..mre, Ltd... i. · .:.... ' · mm~,~ .~ tnawl~q · 45N/9:IW' ,,' JSN'I 122W ' ' · ......: · , ..:.'~,.. '.... - . · ..:.. ~. ,;...' · :.. ,.. Paul v n~e~h & wYrme ti yollarul J,: ':~I.2' t 1 ~'~{ 24 ~' :;tre~ m{ane~tp~ti~:~ta :':";"" tte. o~,.loemarehit carat e.eom ! e. eu, ~}loe us u.mhit cert =e. ecml ROUNDHOUSE PAVILION RENOVATION ADDENDUM #1 September 25, 2000 Drawing #3, sheet A- t. Note reads: "Concrete pad by contractor, sidewalk bT' Owner." The pad is' only the radiused pad just outside the door, approximately eight feet wide and 10 feet across at the out~ide radius. This pad does not include the ramp or Ny adjacent sidewalks. In the Specifications & Detail Booklet. D~2.il #I, Window De~Is. The note on the left: hand margin read:;: "Steel-Angle~ Powdercoat." The two back to back angles are to be powdercoated. The angle with the leg supporting the stave is structural and sized in Detail 6, ~heet S2. The other, with the leg f<ing the interior of the room is an Angle 2 X 2 X l/g" No substitutions will be allowed for the Loewen Windows .. . Due to further investigation of the existing building, two other items will have to be addres,,,ed by line item bidding. Inside the Roundhouse, a section of vinyl tile remains on the wood subfloor on the main level. This flooring' may h~ve some axbe~tos comenrin thc bac 'k~g of th, ti}e. How~m-, at this tkn% it lms not been surveyed for asbestos content. Bids should reflect removal ofth¢ tiJc in two dlf~crcnt co$~ accnm'ios. The wood subfloor is ukimatcly to be the final finish, ed floor at~ef finish floor removal and repair, Secondly, the paint on the exterior o£th~ Roundhouse most likely ha~ lead conterrt. H. owcver, it h,~ not been surveyed for Icad content. Bids should reflect finishing of the ~xtecior in three different cost scenarios. Bid~ should h~ch~de a ha. se bid £ornlt orherw~rk, then .add alterna _t~es for theft two item.~ ax shown. Base Bid (based on plans & specifications excluding any abatemmO Total. Add AJternate~ (one mb-option of the fo[lowing two ite.rn~ will be eho,~-'n b~ed on fnriher ten'ting) Tile Removal Tile withoui Asbestos Content Tile with Asbestos Content Exterior Finish Abatement of Lead Paint Abatement o£Paint (if'shown to not have lead) Encapsulation/Coating . Lump Lump. Sum I; -% ~'~ ~- oo ~pSum $ /~q/-~ The City of Chanhassen will survey the building for asbestos and lead content after the bid opening and determine a course of action based on the c~sts of the submitted bids. In order'to allow for a full week of bidding time after the date of the final addendum, the mbmlttal date h~ been moved to October 3, 2000 ~n 10:00 AM, with thc bid opc-ning moved to October 3, 2000 at noon. All other submittal procedure~ are the ~me as adverti.~x[ and outline<l in the Specifi~tio~ & Detail Booklet. Any other BID PROPOSAL Roundhouse Pavilion Renovation City of Hastings, Minnesota Due Date: September 29, 2000 City of Chanhassen c/o' To.dc[ Hoffman, Park & Recreation Director 690 City Cent~ Drive Chanhassen, MN 55317 The undersigned, /~.~'./~fi4rh//~r/q.q_rT-c~lS' ~.~_,. as Bidder, proposes and agrees to furnish all labor, mater/al.q, equipment arml_ ~up.phe~. to. completely consmmt the Roundhouse Pax4iion Reno.vatio~ in Chanhassen, Minnesota, in accor~ce with the Plans and Specifications prepared for the work by Locus Architecture, Ltd. for the lump sum Hsted below. A bid bond or certified check in the amount of at least five percent (5%) of the total estimated bid is enclose& herewith as. guaramee that ff thi.q, proposal is. acc~pted~ the Bidder Mil eater into. a. contract and furnish a performance bond within ten (10) days after his proposal is accepted, and it is agreed that said bid bond or certified check shall be liquidated damages for Bidder's refusal or inability to contract and furrfish bond. In th~'s proposal,/£accepted, Bfdder a~ees to commence work by the mutualIy agreed upon date and to complete work on or before the date specified in the Advertisement for Bids, subject to the provisions of the Contract Documents. It is understood and agreed that this proposal may not be Mtt~a,am withir~ 30 days after bid closing date and that the Owner reserves the ri~ht to reject any or all bids and to waive formalities. Receipt of the folIowing addenda to the specifications is acknowledged. Addendum No.._f_-- z_¢ , _0oo LUMP SUM BID NUMERICAL: $ '2,'5 7, If a corporation, what is the state of incorporation? tf a pm'tnerstxip, state ~ name of alt co-parmers. C-1_. ..~ocus Architecture Ltd. FAX NO. ' 6123745570 S~p. 25 2000 01'56PM " ' '"'" ' Locus Architecture,.L.t .c!. ' · ' - .."';"'.ii" " .... · 4SN/93.W... ' ' .'~SN.IllZW ' ' - '.::' '.'.?.i: ;~ ' ' '" :'" ' "' " · .'. .... '"-'. .' ; '"?'!i :7' c... . ' ' '"' l~ul v ,w,.,eth & x,o. rm= g yelhnd :::.;:{ ~"i;i .¢,;e~" i4m s'tm et mi rune,, p61i~: mir, ties o~' 55405 ' i".~:')' w~ w. locmarcla/tccru~e, corn locus("qJocus arc h/t~='c.com P2 ROUNDHOUSE PAVILION P,_EN©VATI©N ADDENDUM/t I September 25, 2000 Drawing/~3, sheet A-1. Note reads: "Concrete pad by contractor, sidewalkby Owner:" The pad is only the radiused pad just outside the door, approximately eight feet wide and 10 feet across at the outside radius. This pad does not include the ramp or any adjacent sidewalks. . In the Specifications & Detail Booklet. Detail #1, Window Details. The note on the left hand margin reads: "Steel Angle, Powdercoat." The two back to back angles are to be powdercoated. The angle with the leg supporting the stave is structural and sized in Detail 6, sheet S2. The other, with the leg facing the interior of the rom is an Angle 2 X 2 X I/8" 3. No substitutions will be allowed for the Loewen Windows. . Due to farther investigation of the existing building, two other items will have to be addressed by line item bidding. Inside the Roundhouse, a section of vinyl file remains on the wood subfloor on the main level. This flooring may have some asbestos content in the backing of:the tile. However, at this time, it has not been surveyed for asbestos content. Bids should reflect removal of the tile in two different cost sr, enario$. The wood subfloor is ultimately to be the final finished floor after finish floor removal and repair. Secondly, the paint on the ex'lerior of the Roundhouse most likely has lead content. Howeveq it has not been sutw'eyed for lead content. Bids should reflect finishing ofthe exterior in three different cost scenarios. Iii_ds shoa~ inclndc a. bose bid fo_r all otb_er work, then add a/tematex for the~e two 14-tm_ $ as.shown. Base Bid (based on plans & specifications excluding any abatement) Total Add Alternates (one st~b-option of the following two Rems will be chosen based on further texting) Tile Removal Tile Without,a~bestos Content Tile with Asbestos Content Exterior Finish Abatement of Lemd Paint Abatement of Paint (if shown to not have lead) Encapsulation/Coating Lump Sum /~g}O $ Zooo Lump Sum ~ $ 6 Coo- Lump Sum lmmp Sum Lump Sum The City of Chanhassen will survey the building for asbestos and lead content after the bid opening and determine a come of action based on the corn of the submitted bids. In order to nllow for a full week of bidding time after the date of the final addendum, the submittal date has been moved to October 3, 2000 at 10:00 AM, with the bid opening moved to October 3, 2000 at noon. All other submittal procedures are the same as advertised and oudined in. the Specifications & Detail Booklet. Any other Jan. 04 2~1 11'362H Pi ...... ,'.... :"..:.'.-, Locus.~ n teerure, - ii-i!'-:::;.':'"ii:;" .' iJ i'. '-"' :~': '.;"~; ~. ;'.:??.:':.:..': ", mlnneap01~.'[i'.. : .,aC.fmcS" .'.' ".. :". ': ;~." · '" . '45N / 93W :?.:.~ . ..::'. '~SN..] !.22W '" . ~ul v nc~elh & ~5'nne 8 ye!Mhd ~:'..::;~lS0~.j~o~l.simfit ne' - m[tmmp3~":~m~s6~. .55413 763.706.560fl...;..: '....:763..7~,5c;01 -. . . ,. · . . : ... ' Janu~ 4, 2001 . Todd tfofftnau '. ' : ' . .' City of Chanhassen Parks .& Recreation Director .6~ City Center ~ive . Chanhass.en,.h~ . . · , . .' 55317 ' ., . . , ,. . , Todd; ".. " ,... , . . . .. i've reviewed ~he drawbgs.and have nbt fodnd any ctmnges w~ich would ~ve significant fimd,, yet not have a ," si2nfficant~ . impact'on, the chm-~cter' 0fthd .¢roject, '. Nevertheless, th%t ~e Wroth meati0n/ng, b. light of tire., project coming [n over- bud~er.' t ha~ glso ~c~ed ~finor cli~geS ~ch'wouH' ~er tess ~o~ m~qngs ~ ..., .. , . , the project much .... , .. .... ' .,. . .. . . . Change 1 ~emove th'e cmmpy o~r ~e front dopr 6~'sefiousty iimlt.lts Size. When [ sp~ke with Jo~ he ' '. (t~ggest.~ t~s Would save'a few ~6~i~nd'dollm-s. ~ven' ihe buildingts p6tcnfi~ use i.n ~h6 winter, a . cm~'~y"covering the ~n~m w~ wouId ce~}nt}, be be~an not tmv~g one..~otffer could Come j(, chan~ng tli~ mndpY to have'.com.'enti~nat'co'lumns rather than tens]on rodg.fbr suppoff. . ~oWever, I don~t t}~k this. wo~ld be a significa'at ~st savings .... ' ' Change * All of g,e St~l'could'b~ paint~ in li~U'.ofp0~'dercoatin~ which We specified. A painted finish will not hold uP ~ well bu~' we ~Ve fo~d.t~is'can be a ~vings of 40-50% of the fi~shing po~ion of the' . . Clmnge 3 Asph'a!t ~hingles Jn lie~ Of cedar shakes, ..TNs is g~n~aliy, a. savitms of 60% m' be~er on t~e routing, but we would trove to re~nsider the r~f sheathing. (io',be continuous) for asph~li. The sheatl~n~ work . oa that ~e Ofconim[ roofwilI cut imo.th~ p6tenxial savings of Working with asphalt. ': . Change 4 RemOve the Poly~0~te-~zing.at ~he.e'leresto6;,.~d lower the r~ft0 sit at the' existing wall height'. ~ ~h}nk ~g'.wil-} S~erely imp~:the'~no4~tion;.'~oth ?or mst m~d for df~kcten w~}le it n~ doubi .kc a s.i~ht sa!h~gs, fl~e overaiJ.m~y~}{on wop[4 ~r'obah~9' still ~ost'90% 0f~e.~id '" amount (! have not dlscus~ 'this with Jo~ 'and.~'great deal ~,ould.,be los~. Ia tt)e .~undhouse, CCy has ~. land~rk'b9ilding WN~h.~uld become a highly d'es~rable'site f6r'~the'rings a~d other actRqties. If the ¢.i~, iS to ~ntinue with theTpr0je~, we r~0mmend making this' in~estmenfin fiie- ~?undhoa~ to make'it a. ~0~%?le'.~tinafioo fbr Cl¢.~as'5~ r~idents; mb~'th~ pat~ing Up the ' exi~ing structure and'hoping P~ple.Will. u.ti~ize it simply'becauSe ofits.10mtion; '. Chapse 5 In Detail t, ~e fion-s~mdrat angle'.(outf~in8) ¢ould'be rept~ '(~ith. wood.' . . Change 6 In D%aiI. 2, the steel'rim plates may bE able.{o be r~placed with'wood or plywo~d, .However, 1 would have to ~eck.wkh' the ~m~u)~ engi near ~efore'coafi~ing't'NS i~ pogsible. · .. . .'. '... . . · .,, - · . . . . . . ,~ ,.. .. . . . . The last tWO changes would save. a Ii~l~ w~le the' otb& four Wsuld'n0 doubt sa~e I~ger anibunts. Let me know if · 'you.would tike me tb explore the potential savings 0f a.n~.of~ese with Jon'at M-C0a, ~nc. , . . . Bsst Reg~ds,/--x,/ . . ~ ~' ~ ' · ~, '. ... ~ .- .. · ~ y~'¢ G.-Yelland ~ . , ' " ' · ' .'. .' ~cUs ~chit.~re, Md. - ' ' ".."' " , ' -. · . .... .. . . , . .. . .. .. ,.. .".' . . . . .: , , . . '.. · , . Page 4 of 31 · All members must be able to hear and see one each other and all discussion and testimony presented at any location at which at least one member of the council is present; · All members of the public at the regular meeting location must be able to hear and see all discussion and testimony and all votes of all members of the council; · Each location at which a member of the council is present must be open and accessible to the public; and, · If possible, a member of the public should be able to monitor the meeting electronically from a remote location. CN. Emergency meetings Minn. Stat.._~' 13D. 04, s__ubd. 3 An emergency meeting is a special meeting called by the council due to circumstances that, in the judgment of the council, require immediate council consideration. The. procedure for notifying councilmembers of emergency meetings is the same as for special meetings. Public notice requirements are somewhat different for emergency meetings. The council must make good faith efforts to provide notice of the meeting to media that have filed a written request for notice. Notice must be by telephone or by any other method used to notify councilmembers. The notice must include the subject of the meeting. A published or posted notice is not necessary. Minn. Stat. ~ 13D. 04, _s_u_b_.d_._3.09. If matters not directly related to the emergency are discussed or acted upon at an emergency meeting, the minutes of the meeting must include a specific description of the matters. xxx Meeting processes and procedures H. Quorum Minn. Stat. 3~ 412.191, subd. I To transact city business in a statutory city, state law requires a quorum--or a majority--of the councilmembers to be present. This minimum may include, but does not have to include the mayor, or in Standard Plan cities--the clerk. Minn. Stat. ~ 645. 08 (5) Minn. Stat. ~~3D. O1, subd. 1 For most city councils and other public bodies, a majority of the qualified members of the council, board, or commission constitutes a quorum. For some charter cities, however, their charters may provide for the number that will be a quorum of their public bodies. co. Open meeting law Under the Minnesota open meeting law, all city council meetings and executive sessions must be open to the public, with only a few exceptions. The open meeting law also requires that meetings of any committee, subcommittee, board, department, or commission of the city http://www, lmnc. org/search97cgi/s97is.dll?action=View&VdkVgwKey=E%3A%5CVerit,.. 01/18/2001 Page 5 of 31 ~kfinn. Stat. 3~ 13D. 04, subd. 4, 5 Minn. Stat. 3~ 13D. 04, subd. 4 (b) Mhm. Stat. ~' 13D. 04, subd. 5 council, be open to the public. st. Cloud Newspapers. Inc. v. District The open meeting law serves three vital purposes: 742 Community Schs ., 332 N.W.2d 1 (Minn. 1983). · To prohibit actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences; · To ensure the public's right to be informed; and, · To give the public an opportunity to present its views. The votes of the city council, or any other grottp subject to the open meeting law, on any action taken in a meeting that must be open to the public, must be recorded in a journal kept for that purpose. The journal must be open for public inspection during all normal business hours where such records are kept. The clerk should record the votes on all formal council actions. Each member's vote must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. For any meeting required to be open to the public, at least one copy of the printed materials that relate to agenda items distributed to councitmembers must be available in the meeting room for public inspection while the council considers the subject matter. This requirement does not apply to materials the law classifies as other than public, or to materials relating to the agenda items of a properly closed meeting. The open meeting law does not define the term "meeting." The Minnesota Supreme Court, however, has ruled that the open meeting law applies to gatherings where a quorum or more of the members of the council, committee, board, department, or commission are present, and at which the members intentionally discuss, decide, or receive information as a group on issues relating to the official business of that body. The law does not cover letters, e-mail, and telephone conversations among less than a quorum of the councilmembers. But the law does prohibit the use of telephone conversations, e-mail, or letters in a decision-making process among a quorum of members designed to avoid an open meeting. A 1997 Minnesota Court of Appeals decision seems to support that serial meetings could violate the open meeting law. In this decision, the court looked at a situation where the members of a city council conducted individual interviews of candidates for a city position in separate rooms. Although the district court found that no meetings had occurred because there was never a quorum of the council present, the Court of Appeals sent the decision back to the district court for a determination of whether the councilmembers had used this interview process for the purpose of avoiding the open meeting law requirements. On remand, the district court found that the private interviews were not done for the purpose of avoiding the open meeting law requirements. This decision was also appealed and the Court of Appeals, in a 1998 Moberg v. Independent $ch. Dist. No. 281, 336 N.W.2d 510 (Minn. 1983); St. Cloud Newspapers, Inc. v. District 742 Community Schs., 332 N.W.2d 1 (Minn, 1983). Mankato Free Press c. City of North Mankoto, 563 N.W.2d 291 (Minn. App. 1997) Manlrato Free Press c. City of North Mankato, No. C9-98-677 (Minn. App., unpub. Dec. 15, 1998) http://www, lmnc.org/search97cgi/s97is.dll?action=View&VdkVgwKey=E%3A%5CVerit... 01/18/2001 Page 6 of 31 St. Cloud Newspapers, Inc. v. District 742 Community Schs., 332 N.W.2d 1 (Minn. 1983). Hubbard Broadcasting v. City of Afion, 321 N.W.2d 395 (Minn. 1982); A.G. Op. 471-E (May 23, 1978). ompare St. Cloud Newspapers, Inc. ,. District 742 Community Schs ., 332 N.W.2d 1 (Minn. 1983) with A.G. Op. 63-A-5 (Feb. 5, 1975). See the League research memo ~e~e!ings_ of City C~o._uncils (LMC. 140b,.O Moberg v. htdependent School Dist. No. 281, 336 N.W.2d 510 (Minn. 1983) Minn. Stat. 3q 13D. 03, subd. 1 (b) unpublished decision, agreed. Cities that wish to hold this type of interviews with job applicants, however, should consult with their city attorney before doing so. The Minnesota Supreme Court also decided that informational seminars about school board business, which the entire board attends, must be public and open. Thus, any scheduled gatherings of a governing body must have proper notice and be open, whether or not the body takes or contemplates taking action. This includes meetings where members receive information that may influence later d.ecisions, but excludes chance or social gatherings. A quorum of members cannot discuss or receive information on official business in any setting under the guise of a private social gathering. The Supreme Court has warned that even though gatherings of less than a quorum do not constitute meetings under the law, serial gatherings of less than a quorum may be a violation of the statute depending on the individual case. It is not clear from the Court's recent rulings whether the participation of a city council in a League of Minnesota Cities sponsored training program to develop various skills constitutes as a meeting under the Open Meeting Law. The result may depend on whether or not the program includes discussions of particular matters within the council's official duties or powers. It is not entirely clear how the ope~ meeting law applies to recent technology, such as e-mail. Although the law does not specifically address the use of e-mail and other recent technologies, it is likely that e-mail communication between councilmembers or members of other public bodies could violate the open meeting !aw under certain circumstances. The Minnesota Supreme Court has indicated that serial communications through telephone conversations or letters could violate the open meeting law if done to avoid holding a public meeting. City councils and other public bodies should not use e-mail to communicate with their other members in the following instances: · When a quorum of the council or public body will be contacted regarding the same matter. · When less than a quorum of the council or public body is involved in e-mail being used in a serial fashion. 7. Open meeting exceptions The open meeting law is designed to favor public access. Therefore, the few exceptions that do exist are carefully constrained to avoid abuse. h. Labor negotiations The city council may, by majority vote in a public meeting, decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation developments or discussion of labor negotiation proposals. The council must announce the time and place of the closed meeting at the public meeting. http://www, lmnc.org/search97cgi/s97is.dll?action=View&VdkVgwKey=E%3A%5CVerit... 01/18/2001 Page 7 of 31 ~,[inn. Stat. ,3' I 3D. 03, subd. ] (al)and subd. 2 Minn. Stat. 3~ l_ 3D. 03, subd. 3 Stat. Ch. _13D 24inn. Stat. ~ ] 3D. 0.% subd. 2 Jgfinn. Stat. ~: 13D. 05, s~bcl. ! (h), (c) Minn. Stol. ~' 13D. 05, subd. 2 (t)) Minn. Stat. ~' 13D. 05, Sbtbd. 3 (a) . For a complete discussion of this process, see" After the closed meeting, a written record of all members of the city council and all other people present must be available to the public. The council must tape record the proceedings at city expense and preserve the tape for two years after signing the contract. The tape recording must be available to the public after all labor contracts are signed for the current budget period. If someone claims the council conducted public business other than labor negotiations at the closed meeting, a court must privately review the recording of the meeting. If the court finds the law was not violated, the action must be dismissed and the recording sealed and preserved. If the court determines a violation of the open meeting law may exist, the recording may be introduced at trial in its entirety, subject to any protective orders either party requests and the court deems appropriate. Several other exceptions to the open meeting law exist that may apply to cities, which are discussed in the following sections: i. Not public data First, a meeting may be closed in some circumstances pursuant to the Data Practices Act. The general rule is that meetings cannot be closed to discuss data that are not public data. Any portion of a meeting, however, must be closed if expressly required by other law or if the following types of data are discussed: · Data that would identify victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; · Active investigative data created by a law enforcement agency, or internal affairs data relating to allegations of law enforcement personnel misconduct; and, · Educational, health, medical, welfare, or mental health data that are not public data. Data that are not public data may be discussed at an open meeting without liability or penalty if the disclosure relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business or agenda item before the public body. The public body, however, should make reasonable efforts to protect the data from disclosure. Data discussed at an open meeting retain their original classification, however, a record of the meeting shall be public. j. Misconduct allegations or charges Second, a public body must close one or more meetings for "preliminary consideration" of allegations or charges of misconduct against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted, further meetings or hearings relating to the specific charges or allegations and held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. k. Performance evaluations Third, a public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The public body must identify the individual to be evaluated prior to closing the meeting. At http://v~w~w.~mnc.~rg/search97cgi/s97is.d~?acti~n=View&VdkVgwKey=E%3A%5CVerit... 01/18/2001 Page 8 of 31 Employee Discipline and the Open Meeffng [.aw" Minnesota Cities, September 1997, page 41. Minn. Stat. 3q 13D. 05, subd. 3 (b) Northwest Publications, Inc. v. City of St. Patti, 435 N.W.2d 64 (Minn. App. 1989). Minn. Stat. o6' 13D. 01, subd. 3 Minn. Stat. ~ 13D. 04, subd. 5 Minn. Stat. ~ 13D. 06, subd. 1 Clo,,ae,.. conins,s18 N.W.2d 836 (Minn. 1994). Coalwell v. Murray. No. C6-95-2436 (Minn. App. Aug 6, 1996). Minn. Stat. o6' 13D. 06, subd. 2 Minn. Stat. ~ 13D. 06, subd. 3 (a) Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). Minn. Stat. ,~ 13D. 06, sztbd. 3 (b) Minn. Stat. ~ 13D. 06, its next open meeting, the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. 1. Attorney-client privilege Fourth, a meeting may be closed if permitted by the attorney-client privilege. For example, a council may close a meeting to discuss pending or threatened litigation. The city may not abuse this privilege to suppress public observation of the decision-making process. It does not extend to the governing body's request for. general legal advice or opinion. Before closing a meeting, the public body must state on the record the specific grounds that permit the meeting to be closed, and describe the subject to be discussed. The notice requirements that apply to open meetings also apply to closed meetings. Therefore, open meetings that the council closes after calling them, need no special notice. But special and emergency meetings that the council intends to close, must be properly noticed. While not required by law, some cities record closed meetings, and have the clerk or city attorney keep the tape until information no longer needs to be kept private or a court orders the release of the tape. The tape may be useful in establishing that members did not use the closed meeting to discuss matters that should have been discussed publicly. 94. Penalties Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty up to $300 for a single occurrence. The penalty may not be paid by the public body. A court may take into account a councilmember's time and experience in office in determining the amount of the civil penalty. Technical violations of the law that are not willful or deliberate may not result in penalties. An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. If a person is found to have intentionally violated the open meeting maw in three or more actions involving the same governing body, that person must forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office the person was serving. Three separate adjudications are not necessary. Rather, one adjudication of three separate, unrelated and intentional violations is sufficient for removal under the statute. The court determining the merits--upon finding a separate, third violation that is unrelated to the previous violations--must declare the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable, the appointing authority or governing body shall fill the position as in the case of any other vacancy. In addition to other remedies, the court may award reasonable costs, http://www, lmnc.org/search97cgi/s97is.dll?action=View&VdkVgwKey=E% 3A%5CVerit,.. 01/18/2001 Page 9 of 31 sz.tbd. 4 l~,[imT. Stat. 3~' ] 3D. 06, subd. 4 (d) MimT. Co~Tsl. art. IiTll, ~ 5 dacobse~ v. Nagel, 255 Minn. 300, 96 N.W.2d 569 (1959). dacobset~ v. Nagel, 255 Minn. 300, 96 N.W.2d 569 ( 1959); Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). Clattde v. Collins, 518 N.W.2d 836 (Minn. 1994). Sullivalz v. Credit River Township, 299 Minn. 170, 217 N.W. 2d 502 (1974). disbursements, and attorney fees of up to $13,000 to any party in an action alleging a violation of the open meeting law. The court may award costs and attorney fees to a defendant only if the action is found to be frivolous and without merit. A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members. Insurance is available from the League of Minnesota Cities Insurance Trust to pay these amounts, but the insurance must be in effect before the violation occurs. No monetary penalties or attorney fees may be awarded against a member of a public body unless the court find's there was a specific intent to violate the open meeting law. Under the Minnesota Constitution, the Legislature may provide for the removal of public officials for malfeasance or non-feasance. To constitute malfeasance or nonfeasance, a public official's conduct must affect the performance of official duties and must relate to something of a substantial nature directly affecting the rights and interests of the public. "Malfeasance" refers to evil conduct or an illegal deed. "Nonfeasance" is described as neglect or refusal, without sufficient excuse, to perform what is a public officer's legal duty to perform. More likely than not, a violation of the Open Meeting Law will be in the nature of nonfeasance. Although good faith does not nullify an open meeting law violation, good faith is relevant in determining whether a violation amounts to nonfeasance. Ignorance alone does not amount to good faith or sufficient excuse. Ignorance due to inexperience may constitute good faith and amount to sufficient excuse in instances where the elected official neither knows or has reason to know that he or she is violating the open m. eeting law. To remove a public official, it must be established that the official had a reasonable amount of time to learn the responsibilities of office. The excuse of inexperience, however, will not last long if that ignorance results in harm to the public. Public officials should seek advice from the city attorney or other resources to prevent open meeting law violations. The open meeting law contains no provision invalidating actions the body takes at a closed meeting that should have been open. In a 1974 case, the court held that because the law failed to provide a method of enforcement, the statute was not mandatory and its violation did not result in invalidating actions of the body. Although the fact that the plaintiff had spent a substantial sum in reliance on the action the public body took at the illegal meeting may have influenced the court, it does not seem likely that a court would overturn the rule of the case without a change in the law. Because the law now contains methods of enforcement through the civil penalty and removal from office, there is probably little need for an invalidation rule. Again, however, the council should follow the law to avoid the possibility that the court would declare its actions illegal. CP. Citizen involvement 9 r o o http://www, lmnc.org/search97cgi/s97is.dll, action=View&VdkVgwKe) =E ¼3 A ¼5CVerit... 01/18/2001