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Home My Public Portal About19901003 special 391 SPECIAL COUNCIL MEETING, OCTOBER 3, 1990 • A Special Council Meeting of October 3, 1990, was called to order t' at 7:30 P.M. with Mayor Louise Gardner presiding. The following Council Members were present: Present: Feldman, Haake, Mason, Owens, Scheulen, Veils, Vincent, and Woodman. Absent: Halsey and Gordon. A quorum was declared present. Mayor Gardner announced the purpose of the Special Council Meeting by reading the following statement: The purpose of this special meeting is at the request of JCI , the contractor on the City's parking garage rehabilitation and expansion project. An opportunity is being given to JCI to further express their position as well as an opportunity for the citizens of Jefferson City to voice their position. In conversations with the City Counselor, I have boon advised that comments from the City Council should be limited. N # # (Clerk's Note: A copy of the Alternates distributed and discussed at this meeting are attached) The first individual to address the Council was Mr. Elmer Kiesling, 203 Vernon Drive; part-owner of JCI . Mr. Kiesling express his appreciation to the Council for scheduling this meeting to allow him to express his concerns about certain comments he had heard at the City Council meeting on Monday, October 1, 1990. Mr. Kiesling reviewed for the Council the steps JCI had taken to ensure delivery of the steel by the manufacturer. Mr. Kiesling stated that even though JCI was not going to complete the project on time, they had taken steps to do so and that they still intend to complete this project. Mr. Kiesling stated he would like to propose an additional alternate to the ones previously proposed and that was to provide the same amount of parking available in the Riley Lot at all times and to start the project at an earlier date until the west garage is substantially complete. Mr. Kiesling stated that at no time would there be less parking than available now in the Riley lot. Yt% cs, ''. :,r 5 i.43..} t n 'a 4 :.,i`;•'.»r. ;n•.:• •''.�'.` ..,*_..wY.ter�'+' ,.}c 1 3 „.r.�r. x^a*t`st'�-.,s:rat,. `'.".., �. 4�� ,..�h.,..v.r.,?z. .w-hk� x+l"yf±• Wit.Y 1 + 'r:•< 392 Y' SPECIAL COUNCIL MEETING, OCTOBER 3, 1990 4 Parking would be transferred in a step by step process and this _ 7 would enable them to complete the Riley lot ahead of schedule. This would allow them to complete the project in the early part of January. If this alternate is not acceptable, JCI is requesting that the City choose Alternate #2 . Councilman Vincent informed Mr. Kiesling that no one was questioning the quality or integrity of the work of JCI . Councilman Vincent stated that JCI had made a commitment to the Council to have the project completed by a certain time and now they were not able to fulfill that promise . Councilman Vincent stated that a small delay might be acceptable, but that a two and one-half month delay was not. Councilman Vincent stated this was not fair to the other bidders who bid on this contract. Councilman Vincent stated he was not in favor of changing his vote until he knew what Alternate #2 would do for the City. Councilman Vincent stated he was upset about the fact that no one had informed the Council thin job could not be completed in the time given . Councilman Vincent stated his first knowledge that this project would not be complete on time wan when he read an article in the newapape> . Mr. Kie:rl ing stated t.htat. JCI wan aiuo bearing they cont. of not being able to complete thin project due to the con in of personnel , equipment, etc. Counci 1 man Feldman stated he would like to apology to tilt) Council for thin special maul. i.nq , ntat.inq that Mr . Kiuu 1. i sq had cal led and requested a meeting with Cvuraci l.mmn Feldman. Councilman Feldman stated ho believed this war; a reasonable) request and usuygestod that Mr. Kiosi.ing contact City Administrator. Dave Johnston and request =' } a meeting with Mr. Johnston, Director of Transportation Marty r'? Drone, Councilman Feldman and any other Council members who may wish to attend. Councilman Feldman stated ho had not requested a Special Council Meeting and asked Mr. Johnston to verify that this is the change of events that occurred. City Administrator Dave Johnston confirmed this information. Councilman Feldman stated that he had received telephone calls from other bidders that stated that they had known from the start this was an unattainable project. Councilman Feldman stated that both of the bidders he spoke with stated that they had built the damages into their bid because they knew they would not be able to make the timetable. Councilman Feldman stated he did not believe there was any good solution to this problem. Councilman Feldman stated he had not heard anything different than what he had heard at the Council Meeting on Monday, October 1 . , 7 1- �G "`'�` `'{.. - 1"; -!r.\ �. 1. 1 ..,aex.'�'Th ...Lq - M1 ''-'z - } '31-1 " >t......� scut ...,...: � � {..a.:'s: �a� �" }.'�..., ,.r..n.�a �'� .1.' ..-.. ..,H,. ...,... «,..r.,a .. .., ;.... .,... ,.? 'U.-p SCS, ¢x:.., .✓'straw :....ti'5... ..,,.. ,.,., .4�,., 393 4: SPECIAL COUNCIL MEETING, OCTOBER 3, 1990 '.....;. : wwr wrw ww r Councilman Haake asked Mr. Kiesling if JCI had anything in writing from the subcontractors guaranteeing that they would be on time. Mr. Kiesling stated he did not know what other factors would enter into this detail, such as approval of shop drawings, etc. , and he was not sure what effect this would have on the schedules that JCI had received. Mr. Kiesling stated that it was not the intent of JCI to stop working on the project . Mr. Kiesling stated that the main desire is to provide as much parking as possible. Mr. Kiesling stated : that two weeks before this time, JCI had advised the City that they were not going to make the deadline and asked what could be done to make this a workable situation for everyone. z Councilman Vincent stated that the Council had not been advised of the problem at this time. Mr. Mark Lindsey, President of Downtown Association, spoke to the Council on behalf of the merchants in the downtown area. Mr. Lindsey stated he did not believe it was in the bent interest of the downtown merchants for the City to "hold the contractor's foot to the fire. " Mr. Lindsey stated that the downtown area needs parking now. Mr. Lindsey stated it wars the battle poni tion of the Downtown Aasioc.iation to choose Alternate #3. He :Mated they would support Alternates 02 , but believed Alternate 03 would provide the \ most parking at thin time . Mr. hindney stated an much parking an potscsihie wan needed for t.ho day after. Thenkedivi.nq. Councilman Voile nt:rat.ed that, one of the opt.tonn the Council had considered wan trying to work out, a rental program with the State for use of their garage . Councilman Voile asked Mr. Lindsey if the Association would support this program. Mr. Lindsey stated he believed it wan a nice idea, however, he too many people have become accustomed to driving their vehicles and parking within feet of where they are going and he did not think they would like the idea of parking and being shuttled to the downtown area . Councilman Voile stated he wan concerned about what effects this decision would have on future contracts. Councilman Veils stated he feared the City contracts would be a joke in the future, if this situation was not handled correctly. Councilman Mason stated that Alternate #3 would provide parking after Thanksgiving and through the Christmas shopping season, but would also limit the parking during the Spring. Mr. Lindsey stated this was correct, but it would not effect the businesses the same way that having no parking during the Christmas season would effect them. Councilman Woodman stated that all he was hearing was a reiteration 1 } °N 394 SPECIAL COUNCIL MEETING, OCTOBER 3, 1990 of the problem. Councilman Woodman stated the issue is not when the Council was informed there was a problem with the project, but how can the downtown area be assisted during this time. Councilman Woodman stated the downtown businesses need the Christmas business more than the City needs the liquidated damages. Councilman Scheulen asked Mr. Kiesling what assurances the City had that the contractor could meet the alternate deadlines . Mr. Kiesling stated that they had a portion of the steel and knew when the remainder would be delivered. Mr. Kiesling stated that Alternate #3 would require shutting down the project, and the steel would have to be delivered to some other project. Mr. Russell Sill from Boyd, Brown, Stude and Cambern, the engineering firm hired by the City to oversee the project, informed the Council all of the steel for the project should be delivered by the third week in October. Mr. Sill reviewed for the Council the major differences between Alternate #2 and Alternate #3 . ,. Councilman Feldman asked Mr. Sill which alternate the engineering firm wan recommending. Mr. Sill stated there is no right answer. If the Council wishes to provide the maximum amount of parking at thin time, Alternate 03 in the correct choice. If the Council wishon to provide the maximum amount of parking over the entire Christman noarxon and give the potential for more parking after that dote, Alternate #2 in the right choice. Alternate 02, however, is subject to excellent weather condit.tones. Alternate #3, however, in not uubject to weather conditions , an in Alternate # 1 and Alternate #2 . Councilman Feldman questioned if there wore any figures as to what the cost in for. Alternate #2 and Alternate #3 . Mr. Sill stated that the price for these alternates would have to be negotiated. Mr. Sill stated that they have not received a proposal from JCI stating what the costs would be for performing the work under Alternate #2 or Alternate #3 . Mr. Sill stated that the City is accepting at face value JCI 's word that they are going to be able to perform in the future. Councilman Scheulen questioned why the costs for the original contract could be higher going with Alternate #2 or #3 , Mr. Kiesling stated this would be based upon the costs for equipment rental, moving of the equipment in and out, etc. Councilman Scheulen stated he could not see where the City should end up paying more than the original contract after allowing the contractor to pull off of the project. 111 After some further discussion as to the amount of parking that could be available if the construction continued at its current pace, Councilman Vincent moved this issued be tabled until the :! A ‘,11-7� . J t .-^ i i' i ;:i s . ti,y ti•G f o',^i�`rlq.$;. 1 "•�►A $ F.f 395 SPECIAL COUNCIL MEETING, OCTOBER 3, 1990 meeting on Tuesday, October 9, 1990. Councilman Feldman seconded the motion. Mayor Gardner advised the Council there were still several persons who had requested to address the Council and she believed they should be given the opportunity to do so. Councilman 4 Vincent withdrew his motion and Councilman Feldman withdrew his second. Councilman Owens questioned in whose interest the engineer is hired to serve. Mr. Sill responded they represent the City's interest. Councilman Owens stated she believed the engineering firm should have alerted the City quite a while ago as to the problems with the steel delivery. Mr. Sill stated that they had addressed a letter to JCI in August addressing this issue. Mr. Sill stated that Mr. Brose had received a copy of the letter dated in August . Councilman Owens stated that she had not heard anything that would cause her to change her vote. Councilman Voile left the meeting at approximately 0 :45 p.m. Marty 13r:one outlined the chain of events that had transpired fr ,., surrounding the inability of JCI to complete the project on time Mr. Bras° ntat:od he had tried to contact: the Council on tla0 day the article appeared in the pipe*r, to alert them 10 this nit:uat.ion . Mr. . Brost) stated he believed the public had a right to know what was ="t happening with the project . •i At the r°o(luent of Councilman ttanoss, Mr. Phi, 1. Dallmeyer of the Downtown Business Annoc i tat.ion stated that they had not boon present at the Council mooting on Monday night as they had boon informed that Alternate 43 wan going to be recommended and approved by Council . Councilman Mason stated that any decision that wan made wan going to have an economic impact on the downtown merchants . Mr. Mike Riley, 211 E . Capitol , addressed the Council as a property owner across the street from this project. Mr. Inlay stated he wished to address two statements made by JCI at thin meeting. Mr. Riley stated he had been involved with steel fabrication for approximately seven years and had contacted a former employer and been told that this steel is mill-run and can be obtained in approximately 30 to 40 days . Mr. Riley stated that steel beams are not ordered from the shop drawings, they are ordered by mill lengths and cut and fabricated from the shop drawings. Mr. Riley stated they are run in standard sizes and lengths . Mr. Riley stated his primary reason for appearing to the Council was to inform them that there are a number of other businesses that are affected by this issue, not just the downtown merchants . Mr. Riley stated that many of these business are in a bind as they have also been effected by the State Street project which has made access to the parking in the rear of Capitol Street a problem. Mr. Riley t 396 SPECIAL COUNCIL MEETING, OCTOBER 3, 1990 stated that they have lost off-street parking as well as the garage 1 parking. Mr. Riley stated that they have planned to expand their facilities and this will also have to be delayed because of the problems with the garage project. Mr. Riley stated he hoped the Council would seek legal advice on how to proceed and would also look at all the ramifications for these alternates. Mr. Richard Caplinger, 2200 North Drive, addressed the Council as Vice-President of the Jefferson City Community Betterment Association. Mr. Caplinger stated that the JCBA hi.s been involved in this project from the start. Mr. Caplinger stated that some of the businesses might not survive if the garage does not get opened by Thanksgiving. Mr. Caplinger stated that if there was not additional parking provided, not only would the downtown businesses be affected, but so would the citizens of Jefferson City who passed the bond issue in order to assure more parking. Mr. Caplinger stated that there were probably going to be some days . in December when no work could be accomplished. Mr. Caplinger stated that under Alternate #3 there would be a maximum amount of parking spaces available during the Christmas season. At approximately 9 : 10 p.m. , Councilman Mason and Councilman Feldman left Council. Chambers, and there was no longer a quorum in the Chamber. Mayor Gardner announced there would be a five minute recess at thin time. M # The Special Council Meeting reconvened at approximately 9 : 15 p.m. with the following members present : Present: Feldman, Haake, Mason, Owens, 5choulon, Vincent, and Woodman. Absent: Halsey, Gordon and Voile. A quorum was declared present. # # # Mayor Gardner announced there were still two individuals who wished to address the Council and requested that if they did not have new I1 information to provide the Council, that they keep their comments brief. Mr. Roger Adrian declined to speak at this time. Councilman Scheulen suggested that the City might be able to shift some of the parking on the Riley lot to the State Parking Garage and open this lot up for parking. y ` .e o . .. 'S tk�,, S�izwi' tq,.g1 . i ; .'L ,!,y;.K,.... , Ts:ys" jv,4, fft r 4 } �'1 4t ''s.'4 'n ati c ;a=rz ... ti w t r „Y� %r z ,,,-- ...,.« ,,.� ..:.r? .+,,;,,-. ...d.a.„, ---,-,•�^.'�:n,a `. +-�' �a,�' ��r''.>rr.�. 2k.,.;. � �•.. ,: •, ,__«e7;3..�h 'fir.t,. -k'e. .. .:�7'}.•:r.�c`...w".. cu'. i� , . rl'-' t kn'!J2,`,-'f,,fi}'•,I, , City of ..,,,,,..,,.... ... . 1 k��Y aria Louise Gardner MAYOR . 320 E. McCarty St. 314-634-6300 y4 Jofforson City,Missouri 65101 s#. CITY OF JEFFERSON r : DEPARTMENT OF TRANSPORTATION PARKING DIVISION PARKING GARAGE RENOVATION AND EXPANSION ,;- PROJECT SCHEDULE ALTERNATES I ALTERNATE NO. 1- Continue with the contri ct schedule . This =s. altt'l li.it would 1 ,...quite the contractor to continue till he complete., th'e work. The contractor is allowed to have the west (old) c1;1L'-,g.. t.li:t1.1 it it; :;ut"):;tantialiy complete, at which time pr`i kin,i will he allowed alit.: ,11 truction wilt :-,tort on the ea:it : ill'.1Ce . The• t :c .edule :;i',ow the amount of I'.11�( Riley y i'. ) ! i tl . t.<l': lt��ct „,pac _. ay.11.1 ±b1 .• ,.'n :t wee!: by ;•;'_•,.-4: h,i:= :i:, tl■L' t:hi: All ..1:t7'it.tve? If til!:' 4' i.i ; .,:t ,'1: '1,'.1 ut '.•. . Tit"1 '.` ,1 :, a j,'. :,: .117.1 l it y that the . ,nt'la -tt'1 olay ,pt, t. 7 ;1'.'t I •:.`t It.. h`.►vt;• Any 11,t1:i:insl In tilt.' tl,.:;t 1, '1,11'< :j,' t;„t. 1 I it , ,.,11,j,1 ':t '.'c1 , Tii,i : •!t'.'dui): .;ll,.'w, that lt:'v,��l:; A �,�:= t1,1 ' `tl'jil i could be avaiitlll lm It Ti1,t111:.;01,'1111'!, at wlli•-11 timO the s: 4'i1:'t q.11.,t,i,; .c',,.11 d h': 111it•.1,:' oval l ,t1)1!.' 1..,, t. h '.'(' t.1 ,U'tto . T11„ wo,;t,- ,,jIraq,. w,,fi),+l !,.. ,i',l,,lI ,.tbi . tli.. w.-0: '.,l. 1.),•'' . 1 I ,t11,1 i. 1. t:h,'i ,.• ww, no 1,.Q:.: (Ito, i ,, .4,!,,,.. 11,,A. t.h,..' ,:il •t aj,t1 ;lfj,,• w,.t1i0 114' o',,;lljll ,'t +'i at till' l't111 , :,1 al,inuat y . ALTERNATE NO. 2 - I'ini:,4 :,)11:,,t:rtlC.'t1.,.:111 ,,,t th. we;;t ,jt ,i'.j'.' lnrludinq level. 1 and J . ;- 'I`lii:. alternate would allow t1 - onttiictt:,1' to ,,,.'lllpl}'te the wt•:at garage thl:;i year and come back and c':'w,ti'ue. t the Riley i':,t- Ili:::t year :;tart .illg at Mar . 15 , 1991 with ,.a C'ompiot:i{:,la date ,:,t June 24 , 1901 . Leveh, A through F andd the e..-:iF,ting ea 3t garage Larking would be available for parking at Thanksgiving . Level G and ti would be available Dec . 10 and the I and J levels :,n D e l . 17 . ALTERNATI, NO. 3- This alternate would allow for the maximum parking at TLanh:.giving and have the contractor stop work (except for work that wpuldn' t interfere with parking) and come back at Mar . 15 , 1'?(:11 and complete the garage . The Staff recommendation is to go with alternate no. 2 . This alternate and alternate no. 3 would require a change order to the ontract . If alternate no . 1 is chosen then there is the ` • possibility of liquidated damages of $ 1000 per day if the contract is not complete by flov . 23 , 1990 . If alternate 2 or 3 is chosen there would have tp be a proposal from the contractor and a negotiation or arbitration of the penalties . i3 GCE zm n Oct. 1 Oct. 8 Oct. 15 Oct. 22 Oct. 29 Nov. 5 Nov. 12 Nov. 19 Nov. 26 Dec. 3 Dec. 10 Pcc. Pec, 24 Doc:. 31 Jan. 1 Jai, 14 Jan. 21 Jan. 28 Feb. 4 Feb. 11 Ft-2b. IS Feb. 25 Mar. 4 Mar. II Mar. IS Mar. 25 Apr. 1 Apr. S .Apr. 15 Apr. 22 Apr. 29 May 6 May 13 May 20 May 21 June 3 June 10 June I7 June 24 July I July 8 July 15 July 22 July 29 Cl c• DO ma r1 mzc Ain ' mp z TPP`ANK 56 I V iNCs Cam}1 if.:I.,L LAE,. TPANK? ivil;IG (' c) 4T1=fAT;11‹S n1VlNG LL:. tJ. rW4 i :'11'i/∎f, 397 SPECIAL COUNCIL MEETING, OCTOBER 3, 1990 Mr. Bill Crull of J.C. Industries, wished to address the scheduling of the project. Mr. Crull stated JCI had req=3sted the letters from the City regarding the steel as they knew at this point they would not be able to complete the project on time. Mr. Crull further stated that the mills run the steel on certain days and if a contractor misses those days, they have to wait until the next run which could be 30 to 45 days later. Mr. Crull stated that the best thing that could happen now is to follow through with one of the other alternates other than Alternate #1. Mr. Crull stated that weather could play a vital part in the construction and it is feasible that the downtown area could be disrupted all winter and into the spring. Councilman Vincent movad to table this issue until next Tuesday, October 9, at the Finance Committee meeting. Councilman Feldman seconded the motion and it was approved by the following roll call a. vote: Aye: Feldman, Haake, Mason, Owens, Schoulen, Vincent, and Woodman. Nay: None. 1 Councilman Haako stated that he like for City staff to speak with the State on the use of their parking garage. After some discussion as to what was needed for the Council to take action on this issue on Tuesday, Councilman Feldman movad to schedule a Special Council Meeting on Tuesday, October 9, following the Finance Committee meeting. Councilman Mason seconded the motion and it was approved. As there was no further discussion on this issue, Councilman Mason moved to adjourn. Councilman Vincent seconded the motion and it was approved. The Special Council meeting adjourned at approximately 9 : 30 p.m. • i