HomeMy WebLinkAboutA002 - ADDITIONAL ITEM: Steven L. Schainker Plaza UpdateITEM #:**
DATE:05-19-26
DEPT:P&R
SUBJECT:STEVEN L. SCHAINKER PLAZA UPDATE
COUNCIL ACTION FORM
BACKGROUND:
On February 27, 2026, the City Council held a special meeting and approved a two-part
settlement agreement with Henkel Construction, the general contractor on the Schainker Plaza
project (See agreements attached).
According to the agreements, Henkel Construction will complete the remaining remedial work
on the splash pad, artificial turf, seeded lawn, remote monitoring system, and punch list items
by May 22, 2026. The completion of these items would then allow the City to partially occupy
the north and east portion of the plaza (inclusive of the building and splashpad area), for an
opening date anticipated in late May 2026.
Additionally, the agreements stipulate that no earlier than September 1, 2026, unless mutually
agreed by both parties, Henkel will remove and replace the ice-skating ribbon and complete
the final project punch list items no later than November 15, 2026 at no cost to the City.
Henkel Construction has also agreed to provide a schedule of work for the ice ribbon removal
portion of the project in writing no later than June 8, 2026.
As of Monday, May 18, 2026, many of the outstanding items on the non-ice ribbon portion of
the plaza have been addressed; however, there are a few known items that are still
outstanding:
1. The fog nozzles at the spray pad are not working properly because of the location.
Henkel Construction is consulting with Confluence, who contracted with Aquatic Design
to design the spray pad, to determine possible solutions, and
2. Staff is unsure if all the electrical work issues have been completed accurately.
Staff has been in contact with Henkel several times over the past month to evaluate the
progress on the outstanding work and have been providing feedback about the solutions
implemented. More importantly, staff has expressed on several occasions to Henkel that it is
critical that the architect, Confluence, or their sub-contractors verify that the work completed
meets project specifications so that it is verified by a third party through writing. As of May 18,
the City has not received any written verification. However, Confluence is scheduled for
a on-site visit on Tuesday, May 26 to verify that all punch list items have been
completed in accordance with specifications.
If the contractor is able to complete all outstanding items by May 22, 2026 as agreed upon,
and it is verified by a third party(ies), Henkel will have met an important project milestone. The
City Council will then need to decide when to open the non-ice ribbon portion of the plaza.
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Swimming pools, spas, and splash pads are regulated by Iowa Code Chapter 485, and the
State of Iowa has an inspection program that establishes minimum safety and sanitation
criteria for the operation of these facilities. When a pool, spa, and/or splash pad is completed,
the site must be subject to the state inspection process before it can begin operating. If the
site meets inspection standards, the owner is issued an annual operating permit.
As of May 18, 2026, the State has not been able to conduct a final inspection. Staff has
contacted the State to schedule an appointment, but a date/time has not been confirmed.
Therefore, the City does not yet have an operating permit.
ALTERNATIVES:
1. Should all of the punch list items be completed to the satisfaction of Confluence by May
22, delay opening the non-ice ribbon portion of the Schainker Plaza until the City
receives its annual operating permit from the State for the splash pad.
Once the permit is obtained, the City will open the non-ice ribbon portion of the plaza
and can begin using the splash pad immediately.
2. Should all of the punch list items be completed to the satisfaction of Confluence by May
22, open the non-ice ribbon portion of the Schainker Plaza shortly after May 22, but do
not begin the operation of the splash pad until the permit is obtained from the State.
This would mean that the water features are not turned on until the permit is obtained,
however, the public could enjoy the open space.
3. Should the State issue the operating permit, but all of the punch list items have not been
completed to the satisfaction of Confluence by May 22, direct staff to declare Henkel in
breach of the Settlement Agreement(s).
4. Should the State issue the operating permit, but all of the punch list items have not been
completed to the satisfaction of Confluence by May 22, direct staff to work with Henkel to
determine a mutually agreeable time extension beyond May 22.
CITY MANAGER'S RECOMMENDED ACTION:
The two key features at the Schainker Plaza that staff believes will draw in the public for its
use is ice-skating plaza in the wintertime and the splash pad during the warmer months. Both
are currently not operational, but the City anticipates the splash pad could be within the next
couple months.
Rather than opening the plaza in three phases, staff believes it will be best to delay opening
the non-ice ribbon portion of the Schainker Plaza until the City receives its annual operating
permit for the splash pad and all punch list items are completed according to the existing
Settlement Agreements(s). At that point, the plaza (with the exception of the ice-ribbon portion)
will be fully accessible to the public, and the splash pad will be operational for public use.
Therefore, if all of the punch list items are completed to the satisfaction of Confluence
by May 22, but the a State permit has not been issued, it is the recommendation of the
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City Manager that City Council approve Alternative No. 1 as described above.
However, should the State has issued the operating permit, but all of the punch list
items have not been completed to the satisfaction of Confluence by May 22, direct staff
in accordance with Alternative No. 4 to work with Henkel to determine a mutually
agreeable time extension beyond May 22.
ATTACHMENT(S):
Part 1: SettlementAgreementFullySigned.pdf
Part 2: PartialOccupancyAgreementFullySigned.pdf
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