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HomeMy WebLinkAbout2000-06-01 - Agendas - Final REYNOLDS A I ISTIN DAVISN TRI IMBO DANTEI S S ANTOR YOT TNCT Rl ISSET I MAYOR HANNA RFYNOln.q AMIN DAVIR TRIIMBC) nANIFI qANTO,q Yni TNCI RUSSET 1 MAYOR HANNA RPYNOT M ATISILN DAVIS TRIJMRO nANIFI SANTOS YOUNG MAYOR HANNA JORGENSEN & ASSOCIATES CONSOLTING ENGINEERS, INC. City of Fayetteville 6/6/00 113 W Mountain Fayetteville, AR 72701 Att: Mayor's Office Re: Grading Permits Due to previous commitments I will not be able to attend the Council meeting scheduled for 6/6/00 at 6:00 pm. However, I would like to express my opinion regarding the grading permits required for the various developments. As you probably realize, the production of construction plans for a project is a lengthy process. In addition, the review process can take from 2- 16 weeks. The current method of review allows step by step phased permitting. This method allows the contractor to start by installing silt fence and erosion control, tree protection fence and then rough cut of streets and parking areas. While the time consuming preliminary work is being accomplished, the water and sewer plans are being reviewed by the Health Department. The Health Department review is also quite a lengthy process, taking 4-8 weeks. The current step by step permitting allows the City Engineer's staff to conduct a complete review of each project as it proceeds through the construction process. It currently takes 45-60 days to submit a project (without Health Department Approval or City review). The City Engineering then takes another 14-21 days for review. Then the State Health Dept. will take 45 days. Therefore, if you waited for total review prior to any construction taking place it will be at least 4.5 months. The current procedure is very functional and I hopelbat this process is not changed. Thank You. Sincerely. Davi gensY en, P.E. 124 W. SUNBRIDGE DR., SUITE 05 • FAYETTEVILLE, ARKANSAS 72703 • (501) 4429127 • FAX (501) 582.4807 /lelad PREVENTING PHASED PERMITS of Would afford citizens the protection stated in the Intent sections of the Physical Alteration of Land and the Stormwater Management chapters of the U . D . O . ✓ Only trees that are necessary to be removed would be taken down as a result of having a complete set of plans rather than a phased plan . Steele Crossing (Argus Properties) grading permit only required 3 -4 days for approval . That should not be a burden on developers as it takes two days for contractors to have the utilities located before they can begin work . At the Ordinance Review Committee , the only ones there speaking in favor of Phased Permits were developers and contractors . Citizens in attendance all spoke against Phased Permits . CHAPTER 169 : PHYSIPPAL ALTERATION OFfAND §169.01 INTENT. A. It is the City's intent to safeguard the health, welfare and safety of Fayetteville citizens by implementing standards and procedure for the physical alteration of land. It is not the City's intent to supersede Federal or State regulations such as, but not limited to, the Occupational Health & Safety Act. B. The purpose of this chapter is to control excessive grading, clearing, filling, and cutting (or similar activities) which or in §169.03 PERMITS REQUIRED/ combination cause landslides, flooding, EXCEPTIONS, excessive run-off, degradation of water quality, erosion and sedimentation in storm A. Permit Required. No grading, sewer systems and water storage basins. filling, excavation or land alteration of any ldnd shall take place without a grading permit. (Code 1991 , § 161 .01 ; Ord. No. 3551 , 6-4-91) CHAPTER 170 : STORMWATER MANAGEMENT, DRAINAGE AND EROSION CONTROL § 170.01 INTENT. A. Intent. It is the intent of this chapter to protect, maintain, and enhance the health, safety, and general welfare of the §170.03 PERNUTS REQUIRED. citizens of the City of Fayetteville by: A. Applicability. This chapter shall 1. Preventing increases in the apply to all land within the corporate limits of magnitude and frequency of stormwater runoff the City of Fayetteville and the Fayetteville to prevent increases in flood flows and planning area, no person may subdivide and associated hazards and costs. develop, change to a more intensive land, use, construct or reconstruct a structure, or change 2. Controlling soil erosion and the size of a structure, except as hereinafter sedimentation to minimize soil deposition in exempted, without first obtaining a streams and other receiving water bodies and stormwater management, drainage and erosion storm drainage systems. control permit from the City. The City issues two types of storemwater management, 3. Requiring surface and drainage, and erosion control permits as stormwater management practices that comply identified in the following subsection: with the requirements of this chapter. 4. Promoting the development of stormwater facilities that are aesthetically desirable. May 30, 2000 City of Fayetteville Council Members 113 W. Mountain Fayetteville, AR 72701 Dear Council Members : In June 1997 the City of Fayetteville laid a 6" water line from Dickson Street to Powerhouse Seafood Restaurant. After the water line project was completed, the City reconstructed the street which is now named Powerhouse Avenue. During the process of vibrating crushed rock on the street, damage was done to our building at 601-603-605 W. Dickson. The improper use of the City's Ingersoll-Rand Vibrator Roller DD-90 can result in the duplication of the effects of an earthquake. I have tried privately on several occasions to settle the issue with the City without success. I must go public now and request the City Council settle the issue before the statute of limitation deadline of June 30, 2000 requires me to take legal action against the City of Fayetteville. The City 's denial of my claim continually mentions that I have no evidence that the City did the damage and that I waited eight months to submit the claim. On May 12, 1993 , the Fayetteville Historic District Commission honored our "efforts in preserving a part of Fayetteville's historical past and proclaimed the structure located at 603 W . Dickson Street as an example of excellence in historic preservation. " We received the annual acknowledgement for the best commercial restoration of the year. Any cracks that existed had been repaired and the building painted. The evidence is that cracks caused by the earthquake machine have no paint in them. I waited eight months to submit the claim. Our parents' ages are in the 90s. Old age death is not immediate; it drags out and causes a lot of pain and disruption in the lives of their spouses and all other relatives around them. From a period of time of 11 months before the damage was done to our building to a period of time of 12 months after the building damage was done, we lost from death on separate occasions my wife's mother, my mother' s closest sister's husband, my mother' s closest sister, my father, my wife's father. My mother will be 91 this summer and has not completely recovered from the trauma. During this time we were constantly threatened with our lives because we asked the City to enforce the sound ordinance. The eight month delay to mention the damage is clearly understandable. The cracks with no paint in them also speak for themselves on this award-winning rehabilitation. May 30, 2000 Page 2 I have requested the Aldermen from my ward, Cyrus Young and Kyle Russell , to present this letter and request the following Resolution be adopted at the Board of Directors meeting of June 6, 2000: Resolution The City of Fayetteville resolves that under Arkansas Statute 21 -9-302 it has the authority to hear and settle claims against the City , and Resolve to make a payment to Richard M. Shewmaker in an amount equal to 50 % of the damage claim plus 5 % consumer price index increase as determined by the U of A Center for Business and Economic Research. Said payment to be $290,769 . 30. Payment is to be made by June 9, 2000. Resolve that Hanover Insurance Company is encouraged to make a like payment. Since 1992 I have until recently been a real estate agent with Lindsey & Associates. As of May 29, 2000 I am no longer associated with Lindsey & Associates, nor do I have an active real estate license in the State of Arkansas. A legal problem with a major city could significantly harm any real estate company. I have visited with Jim Lindsey. He is my friend and always will be . I know also that he has visited recently with the Mayor in an effort to assist in a resolution of this matter. Enclosed you will find my letter to the City and the City 's denials on two separate occasions over the last several years . (The Sound Warehouse owners do not remember the incident. ) I will supply other documents and evidence at your council meeting. Sincerely , Richard Shewmaker July I , 1998 Mr. Kevin Crosson Public Works Director City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mr. Crosson: During the summer of 1997 the street next to our building at 603 W. Dickson, known as Powerhouse Avenue, was paved by the city of Fayetteville Street Department. Street Superintendent, Randy Allen, was on vacation. While in our home on the top floor, the building began to shake, (not vibrate). I received a telephone call from Sound Warehouse wanting to know if the building was falling down. I was afraid! The glasses were banging against one another. I ran out of the building and discovered that the city vibrating roller the size of a large truck was operating next to our building .I yelled and screamed to stop! The plaster on the east side of the building next to the street is shattered from one end of the building to the other end. The shaking also cracked the front, back and the west side of the building. The interior plaster of the building is also cracked. The building construction is three layers of brick with plaster on each side. The shaking of the building has cracked and separated the plaster from the brick requiring most of it to be removed and replaced. Serious damage was done to our building. We purchased our property on Dickson Street in October 1990 and began renovation of the historic structure. We lead the way in the renovation of Dickson Street property. On May 12, 1993 , the Fayetteville Historic District Commission honored, "our efforts in preserving a part of Fayetteville's historical past and proclaimed the structure located at 603 W. Dickson Street as an example of excellence in historic preservation." I am confident that the City of Fayetteville will act responsibly and enable us again to restore this historic building during the summer while traffic is slower. If any person wants to inspect the damage, please call me at home at 442-9094 or at work at 521 -6611 . Sinc rely, 1 X Richard Shewmaker .ity of Fayetteville Claim Form INSTRUCTIONS: Complete this form, clearly stating the reason for the claim and the amount you are claiming. Attach the appropriate documentation, including receipts and/or three estimates, and return to the Mayors Office at: City Administration Building 113 W. Mountain Street Fayetteville, Arkansas 72701 Questions may be directed to the Public Works Department at 575-8330, CLAIMANTFOR�ATION :n Name: G A �r((�x/l// / Mailing Address: 1v 0 ic, S i City, State, ZIP: e e (/ i e pp 05j;;s 2 Q Phone #: Alonwc / Y2 90el Social Sec. or Tax ID #: war sZ/ ( & / / INCIDENT INFORMATION : ff '' // Address of Occurrence: 603 Vy t bck /,cnGi /C , Date of Occurrence: S61h7A7eol' // Nature of Occurrence: Sewer Water Pothole Other Amount Being Claimed: '/ 557 3 , p Qq6 , 30 The undersigned hereby files a claim against the City of Fayetteville for the following reason(s): Sr if C- e ;7 efi" 'er r 44 Signature: t i Date: Received by: Date: Referred to: Date: Accepted Denied Date: By: Public Works Director Ace Whitman Albert I . Motel - 2 months, $2,986.80 $2,986.80 $29986.80 Holiday Inn Express 2. Rent Reduction 2 $6,000 $6,000 $6,000 months - Sound Warehouse 3 . Polywrap $49000 $45000 $4,000 Furniture upstairs & downstairs 4. Awnings - remove, $2,000 $2,000 $2,000 store, reinstate 5. Remove two $45040 $49040 $47040 stairways, store, reweld & install 6. Sign removal, store $600 $600 $600 & reinstall 7. Reseal balcony $2,000 $2,000 $2,000 which was separated from building 8. Sandblast $40,600 $40,600 $40,600 9. Plaster Outside $ 100,632 $ 104,380 $ 124,360 Inside $ 139,328 $ 152,340 Sheetrock 165,575 $ 30,900 $ 30,900 10. Wil-cor, Inc. $ 187,412.50 $ 187,412.50 $ 187,412.50 997 Armor Plate Labor $25,000 $25,000 $259000 11 . Clean up $ 3 ,000 $ 3,000 $ 31000 12. Contract Adm. $ 10,000 $ 105000 $ 10,000 ! By Owner TOTALS $553,846.30 $562,247.30 $595,239.30 AM ACOUSTIC & DRYWALL, I Phone (501 ) 750-3434 3672 W. Sunset - Suite 3 Fax (501 ) 751 -8941 Springdale, AR 72762 ARK License Proposal Page No. of Pages PROPOSAL SUBMITTED TO xL 1 ARb 5 PHONE I _ & (el / DATE� STREET 'yj1 JOB NAME 3 ckko tQ CITY, STATE AND ZIP CODE 108 LOCATION E�� ALLIlk ARCHITECT DATE OF PLANS 108 PH E We hereby P,gPOSe to turnlsh materials and labor necessary 1cr 1M complelion of: / 61 &TAt . L,gQour rR � x�ERYoR — Pjjzo -,,,)c, A EP A :r. P,-T rJ C-7, L ooS E ALa5 FR . AE S Parm &5E c40AT o� / 00 ,� vvJ ERS© R— �Ei�IoJE � xz5'f�zn�G J` � �EYRocK � pfl-rG►� ALL �-r�R�R \ JAu:5 AIZ06 s75 = WE PROPOSE hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: I. Payment to be made as follows: dollars 15�— All material Is guaranteed to be as Specified. All work to be completed in a sub Slanlial workmanlike manner according to specifications submitted, per Standard Aulhellled Practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge Signature over and above the estimate. All agreements contingent upon Strikes, accidents or delays beyond our Control. Owner to carry fire, tornado and other necessary in. Note: This proposal may be Surance. Our workers are fully covered by Workmen s Compensation Insurance. wilhdra" by us it not accepted within eays. ACCEPTANCE OF PROPOSAL The above prices, specifications and condi. lions are satisfactory and are hereby accepted. You are authorized to do the work a$ Specified. Payment will be made as outline above. Signature D+le of Atte ptance: $ignalu:e 05/20/98 07 : 25 $501 1187 Woriman Plaster . • (6001 Wortman Plastering, Inc. 1717 West Poplar Phone 636-3398 Rogers, Arkansas 72758 Fax 636-1187 Contraota t UCense 00041420388 COMPANY' ' Richard Shewmaker ATTENTION FAX NUMBER 521 -3630 DATE_ 5 -20-98 SUBJECT t c -- NUMBER OF PAGES FA)0NG 1 EXTERIOR : Remove and replace loose stucco , recoat with Dryvit ' finish . $ 1049380 . 00 INTERIOR : Repair cracked and loose plaster . $139 , 328 . 00 These prices are for repair of plaster and stucco only . They do not include removal or reinstallation of any structures currently applied to these walls . FROM ALBERT PLASTERING CO . 06 . 24 . 1998 12t• P . 1 ALBEW P.LASrEE M CD.= LATI I, PIASTER, FIREPROOFING AND SYNTH1gl(I PLASTER FINISHF,S PHONE 301.648-8055 P. O. BOX 180460 FAX # 648-9414 FORT SMITH, ARKANSAS 72918-0460 License # 0002930499 DATE__.—JUNE 24, 1998 PROJECT 603 DICKSON ESTIMATOR QUC71'A:17UN RICHARD SHEWMAKER (icnticntcn: We propose to furnish all labor, materials, equipment, insurance and taxes necessary to perform all Plastering in accordance with the Architects /Own:rs/Conlradors plans and specifications subject to and superseded by the terms and conditions shown on the revers: side of this shoot and the special notes below for the sum op INTERIOR FINISH. Repair cracked and loose Gypsum Plaster. $152.340.00 EXTERIOR PLASTER.(STUCCO,DRYVIT) Repair and replace to orginal condition. No removal of other items by us. ALL REMOVAL AND REINSTALL BY OTHERS. $124.360.00 ReWoctfully submitted, f By.— JIM ALBERT + + +END++ • May - 11 - 98 12 : 12P Judy •n of California 501 7099 P . 01 " e (f enterpri6e l. May 11 , 1998 Dear Mr. Shewmaker I appreciate the opportunity to present my bid based on our conversation May 5, 1998. Work to be performed by Circle C Enterprise on the outside walls of the building on Dickson Street Fayetteville, Arkansas. The total square footage of the sandblast job will be 10,150. No more or less, unless agreed upon by both Circle C Enterprise and Mr. Shewmaker. The total cost will be $25,375.00 with the removal of the sand. May any extra expense acure due to the disposal of any waste materials i.e. old paint the expense will the responsibility of Mr. Shewmaker. Provided Circle C Enterprise has to confine sand and debris the total job cost will be increased to a new total $40,600.00. The fee will be paid as follows: % to be paid upon % of job completion Another 114 to be paid upon 112 of job completion Balance due upon final job completion Sincerely, Shane Crawford f MC/am Springdale Acoustics, Inc. P.O. Box 931 Springdale, AR 72765 501-751-1831 fax: 501451-1821 Date: May 18, 1998 Proposal Submitted To : Richard Shoemaker 603 West Dickson St. Fayetteville, AR 72701 Perform the following at interior of building to facilitate exterior plaster repair: 1 . Cover all floors and furnishings. 2. Remove wood base and trim as required. 3. Remove all drywall from perimeter walls. 4. Cut access holes in ceiling as required to perform repair work. 5. Dispose of trash. 6. Install new drywall, tape & finish and paint. 7. Re-install all wood trim. (Provide new trim as necessary.) 8. Paint wood trim. 9. Repair holes in ceiling to existing condition. Total Proposed Price: $30.900.00 Thirty Thousand Nine Hundred Dollars. By: 4 � f 24 Date: �-C'— l d' � W f Sprin dale Acoustics, In Accepted By: Date: Prtmary d Secondary Contsircnent Unbtge Armor P1810 t:POq grouts d AdhesiWs Com+rete Pit Unings FAP Repair d APPOWGna Epmy Floor Coatings ^ Concrete RestamOOR WIL-COR INV^s Armor Plat® a Products rn:# 281-487-2357 TOS PAX URI ATTIT DATX 6 - 3 - par FROM : �••'� asi..- r u./ TOTAL PIN � (including s co*v*r) er y � 9 .l is ler APox 6 /moo fc .a//j 363 &4 /00 497 64rf 3�3 e-,f .41 A< P997 Eok ., T y� - 7, so � r� �, , ,�ercy P.O. Box 5646 • Pasadena, Teras 77508 • (281) 487-6547 • Fax (281) 4812387 T ' d ' DWI 800-IIM WUST : TT 86 , E9 Wf MAY 29 '98 01 : 51PM WIL-11INC . • P. 3 Armor Plate 997 Epoxy Adhesive for Pressure Injection page 2 COVERAGE AND ESTIMATING Armor Plate 977 will provide approximately 231 cu. in, of adhesive for each gallon of material. SHELF LIFE Armor Plate 997 has a shelf life of at least 1 year when stored In tightly dosed containers, in a cool, dry location. FREIGHT CLASSU4CATION Resin (part A) ...................................... Paint Plasticizer Cure (pan B) ........................... Corrosive Liquid, N.O.S. ..................... (Corrosive Material), Plastic Liquid, N.O.I. CAUTIONS • Cure (pan B) contains alkaline amines, which are strong sensitizers. • Provide adequate ventilation. Avoid breathing vapors. Keep containers tightly dosed. • May cause severe burns, allergic reaction or akin sen- sitizallon. Wear protective clothing, rubber gloves and goggles when using. • Prevent contact with eyes, skin and clothing. Wash thoroughly after handling AP 997. • If contact occurs with skin, wash akin immediately with SM and water. If eye contact occurs, flush eyes with water for 15 minutes and seek Immediate medical attention. Wash contaminated clothing thoroughly be. fore rause. Discard contaminated shoes. • I FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS Kevin D. Crosson, Public Works Director July 31 , 1998 Mr. Richard Shewmaker 605 West Dickson Fayetteville, Arkansas 72701 RE: Damage Claim, 605 W. Dickson Dear Mr. Shewmaker: In response to your claim dated July 1 , 19985 1 have fully evaluated the facts available to me at this time to make a determination pertaining to the damages at your property located on 605 West Dickson. Your letter states that cracks in your plaster siding are the result of the street work that took place on Powerhouse Avenue the two weeks of June 30 and July 7, 1997. You brought the damage to my attention in April, 1998, roughly nine months after the construction work took place. You met with Mr. Charles Venable on March 2 , 1998, about an unrelated drainage problem at this address, and no mention was made of any plaster damage at that time. This delay in notification makes it impossible for the City to say with certainty that the damage was done by city street work. We have reconstructed and resurfaced numerous miles of city streets and have received no claims for damage of the type which you have described. As you know, municipalities are granted tort immunity from liability under state statute, except in instances of intentional neglect. Based on all of the above, there is not evidence that the damage being claimed is the result of any actions by the City; therefore, your claim must be denied. If you have any additional information for us to consider, please feel free to contact me at your convenience. Sincerely, VM1 U� Kevin D. Crosson Director of Public Works cc: Fred Hanna, Mayor Fayetteville City Council 113 WEST MOUNTAIN 72701 501 5758330 FAX 501-575.8257 FWEz TTEVI& E THE CITY OF FAYETTEVILLE, ARKANSAS September 30 1999 Richard Shewmaker 605 West Dickson Street Fayetteville, Arkansas 72701 Re: Claim for Damages 605 West Dickson Street Dear Mr. Shewmaker: Several weeks ago you and I met to discuss your claim against the City for damages to your residence at 605 West Dickson Street caused by the City's operation of a vibrating compactor near the building . Your claim cited multiple cracks on the exterior all around the building , some cracks inside the building, and other damages. As a result of our meeting I agreed to have the Public Works Staff review your claim again to determine whether or not is, in our opinion , a valid claim. As part of that claim review, Charles Venable and Don Bunn met with you at your residence on Friday, August 27 and looked at the damage to your building , both inside and outside. In addition , they observed the vibrating compactor in the field to get an idea of the how the compactor operated on the job. In a memorandum dated September 30, 1999, Mr. Venable and Mr. Bunn stated that, in their opinion , that neither the operation of the City's vibrating compactor nor any other aspect of the City's work around your building could have caused the damages cited by you in your claim against the City. Attached is a copy of their memorandum. It should be pointed out again that your claim against the City was not filed until about eight months after the alleged damage occurred, and that you presented no evidence of the condition of your building prior to the incident. In view of these facts and the opinion of Mr. Venable and Mr. Bunn as stated in their report to me, the City must affirm its denial of your claim. If you have any questions, please call me or Charles Venable at 575-8330. Thank you . Sincerely Yours, Fred Hanna, Mayor 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYET EVI LLE THE CITY OF FAYETTEVIEEE. ARKANSAS DEPARTMENTAL CORRESPONDENCE September 30, 1999 To: Mayor Fred Hanna From : Charles Venable, Public Works Directo Don Bunn, Assistant Public Works Director Subject: Claim for Damages, Richard Shewmaker 605 West Dickson Street We have completed our review of the claim for damages as submitted by Richard Shewmaker in connection with street work that the City did adjacent to his residence at 605 West Dickson Street. The claim alleged that the operation of the City's vibrating compactor near his building (within several feet) caused hairline cracks in the masonry all around the building on the outside, caused cracks in the structure near the restroom on the east side which allowed water to enter the building in the restroom area, and other damage. On Friday, August 27, 1999 we met Richard Shewmaker at this residence and looked at the damage to his building which he feels was caused by our street work. The damage we saw consisted of hairline cracks in the masonry on all sides of the building , a crack on the west wall which caused water entry into a bathroom, a crack in the elevator shaft, a crack in a lintel and other damages. After we looked at Mr. Shewmaker's building we scheduled a time with Randy Allen to look at the vibrating compactor operating in the field . This took longer than we anticipated to schedule since the compactor was broken down and we had to wait for repairs. Finally, on Tuesday, September 14 we observed the vibrator in operation on Markham Street just west of Razorback Road . The vibration of the compactor could be felt in the immediate vicinity of the machine. At one point the compactor was working immediately adjacent to an old rock wall on the north side of Markham and we could feel the vibration when we placed our hands on the wall. No damage to the wall was observed . It is our opinion that the City's operation of the compactor did not cause the damage that we saw to the building at 605 West Dickson Street. Our opinion is also based partly on Randy Allen's experience with the compactor in other situations. It is, therefore, our recommendation that the rejection of the claim for damages submitted by Mr. Shewmaker be confirmed . Our recommendation is based on 1 ) our opinion concerning the potential of our compactor to cause the damage we observed, 2) the fact that Mr. Shewmaker did not submit a claim for damages until nearly 8 months passed , and 3) Mr. Shewmaker submitted no evidence of the condition of the building prior to the work done by the City. October 8, 1999 Mayor Fred Hanna City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 RE: Freedom of Information request Dear Mayor Hanna, I received your letter of September 30, 1999 concerning damage to my building located at 605 West Dickson, Fayetteville, Arkansas. You attached a memo from Don Bunn and Charles Venable. The third paragraph of their memo described an on site evaluation of the use of the vibrating compactor. I requested these people visit the site and describe for recording where and how the test was run. You reported back to me that they refused to do so. Therefore, I am requesting in writing a detailed description of the construction work on Markham Street, and where the test was run . I need a legal description, a detailed description of what the machine was doing when hands were placed on the wall, as well as whose hands were placed on the wall. I request the make and model of the machine used, the distance from the wall when tested and which vibration frequency was used as well as amplitude setting, also the speed of the machine. In addition, I need the amount of water in each tank. Sinc rely, P/ wlk4A� Richard M. Shewmaker FAYETTEVI& E THE CITY OF FAYETTEVILLE, ARKANSAS October 13, 1999 Mr. Richard M. Shewmaker 605 West Dickson Street Fayetteville, AR 72701 Dear Mr. Shewmaker: Reference is made to the Freedom of Information Request, dated October 8, 1999, and which we received on October 12, 1999, regarding my letter of September 30. The location of the wall is about one block west of Razorback Road on the north side of Markham Street. The pavement is within six inches of the base of the wall. The work consisted of leveling and resurfacing the street with asphaltic concrete hot mix material. The machine being used to roll the asphalt was an Ingersol Rand DD90. The other information you requested, we do not have a record of nor do we keep these type of records. Sincerely, / Fred Hanna Mayor FH:msm 113 WEST MOUNTAIN 72701 501521-7700 FAX 5015754257 May 30, 2000 City of Fayetteville Council Members 113 W. Mountain Fayetteville, AR 72701 Dear Council Members: In June 1997 the City of Fayetteville laid a 6" water line from Dickson Street to Powerhouse Seafood Restaurant. After the water line project was completed, the City reconstructed the street which is now named Powerhouse Avenue. During the process of vibrating crushed rock on the street, damage was done to our building at 601-603-605 W. Dickson. The improper use of the City's Ingersoll-Rand Vibrator Roller DD-90 can result in the duplication of the effects of an earthquake . I have tried privately on several occasions to settle the issue with the City without success . I must go public now and request the City Council settle the issue before the statute of limitation deadline of June 30, 2000 requires me to take legal action against the City of Fayetteville. The City's denial of my claim continually mentions that I have no evidence that the City did the damage and that I waited eight months to submit the claim. On May 12, 1993 , the Fayetteville Historic District Commission honored our "efforts in preserving a part of Fayetteville' s historical past and proclaimed the structure located at 603 W. Dickson Street as an example of excellence in historic preservation. " We received the annual acknowledgement for the best commercial restoration of the year. Any cracks that existed had been repaired and the building painted. The evidence is that cracks caused by the earthquake machine have no paint in them. I waited eight months to submit the claim. Our parents' ages are in the 90s. Old age death is not immediate; it drags out and causes a lot of pain and disruption in the lives of their spouses and all other relatives around them. From a period of time of 11 months before the damage was done to our building to a period of time of 12 months after the building damage was done, we lost from death on separate occasions my wife's mother, my mother's closest sister's husband, my mother's closest sister, my father, my wife's father. My mother will be 91 this summer and has not completely recovered from the trauma. During this time we were constantly threatened with our lives because we asked the City to enforce the sound ordinance . The eight month delay to mention the damage is clearly understandable. The cracks with no paint in them also speak for themselves on this award-winning rehabilitation. May 30, 2000 Page 2 I have requested the Aldermen from my ward, Cyrus Young and Kyle Russell , to present this letter and request the following Resolution be adopted at the Board of Directors meeting of June 6, 2000: Resolution The City of Fayetteville resolves that under Arkansas Statute 21 -9-302 it has the authority to hear and settle claims against the City , and Resolve to make a payment to Richard M. Shewmaker in an amount equal to 50% of the damage claim plus 5 % consumer price index increase as determined by the U of A Center for Business and Economic Research. Said payment to be $290,769 . 30. Payment is to be made by June 9, 2000. Resolve that Hanover Insurance Company is encouraged to make a like payment. Since 1992 I have until recently been a real estate agent with Lindsey & Associates. As of May 29, 2000 I am no longer associated with Lindsey & Associates, nor do I have an active real estate license in the State of Arkansas. A legal problem with a major city could significantly harm any real estate company. I have visited with Jim Lindsey . He is my friend and always will be. I know also that he has visited recently with the Mayor in an effort to assist in a resolution of this matter. Enclosed you will find my letter to the City and the City ' s denials on two separate occasions over the last several years. (The Sound Warehouse owners do not remember the incident. ) I will supply other documents and evidence at your council meeting . Sincerely, Richard Shewmaker July I , 1998 Mr. Kevin Crosson Public Works Director City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Mr. Crosson: During the summer of 1997 the street next to our building at 603 W. Dickson, known as Powerhouse Avenue, was paved by the city of Fayetteville Street Department. Street Superintendent, Randy Allen, was on vacation. While in our home on the top floor, the building began to shake, (not vibrate). I received a telephone call from Sound Warehouse wanting to know if the building was falling down. I was afraid! The glasses were banging against one another. I ran out of the building and discovered that the city vibrating roller the size of a large truck was operating next to our building .1 yelled and screamed to stop! The plaster on the east side of the building next to the street is shattered from one end of the building to the other end. The shaking also cracked the front, back and the west side of the building. The interior plaster of the building is also cracked. The building construction is three layers of brick with plaster on each side. The shaking of the building has cracked and separated the plaster from the brick requiring most of it to be removed and replaced. Serious damage was done to our building. We purchased our property on Dickson Street in October 1990 and began renovation of the historic structure. We lead the way in the renovation of Dickson Street property. On May 12, 1993 , the Fayetteville Historic District Commission honored, "our efforts in preserving a part of Fayetteville's historical past and proclaimed the structure located at 603 W. Dickson Street as an example of excellence in historic preservation." I am confident that the City of Fayetteville will act responsibly and enable us again to restore this historic building during the summer while traffic is slower. If any person wants to inspect the damage, please call me at home at 442-9094 or at work at r 521 -6611 . Sinc rely, 1 1 Richard Shewmaker •ity of Fayetteville Claim Form INSTRUCTIONS: Complete this form, clearly stating the reason for the claim and the amount you are claiming. Attach the appropriate documentation, including receipts and/or three estimates, and return to the Mayor's Office at: City Administration Building 113 W. Mountain Street Fayetteville, Arkansas 72701 Questions may be directed to the Public Works Department at 575-8330. CLAIMANTFORMATION : cA 2 Name: N G k A . cw1v q ke Mailing Address: /'C, eso City, State, ZIP: e Uig e r Ci GiSGS 2 Phone #: Ajpnme � Y ? 9095/ Social Sec. or Tax ID M INCIDENT INFORMATION : Address of Occurrence: (j7 •3 Date of Occurrence: 1/nl Nature of Occurrence: Sewer Water Pothole Other Amount Being Claimed: '/ 5.53 , Fq6 , 30 The undersigned hereby files a claim against the City of Fayetteville for the following reason(s): Sri �G e e`1� � r 44 t Signature: t i Date: Received by: Date: Referred to: Date: Accepted Denied Date: By: Public Works Director . � .. :d " r�'.: ++c - :ir. •'�s"� ;rrjXl.R7 i'"xl ' F ' � 'hF'+�'7}!" '. ..x'tYAce ru � j befitrv:'+... I . Motel - 2 months, $2,986.80 $2,986.80 $2,986.80 Holiday Inn Express 2. Rent Reduction 2 $6,000 $6,000 $6,000 months - Sound Warehouse 3 . Polywrap $4,000 $4,000 $4,000 Furniture upstairs & downstairs 4. Awnings - remove, $2,000 $2,000 $2,000 store, reinstate 5. Remove two $4,040 $49040 $4,040 stairways, store, reweld & install 6. Sign removal, store $600 $600 $600 & reinstall 7. Reseal balcony $2,000 $2,000 $2,000 which was separated from building 8. Sandblast $409600 $40,600 $40,600 9. Plaster Outside $ 100,632 $ 1049380 $ 124,360 Inside $ 1395328 $ 1529340 Sheetrock 165,575 $ 30,900 $ 30,900 10. Wil-cor, Inc. $ 1873412.50 $ 187,412.50 $ 187,412.50 997 Armor Plate Labor $25,000 $257000 $257000 11 . Clean up $ 3,000 $ 3 ,000 $ 31000 12. Contract Adm. $ 10,000 $ 102000 $ 10,000 f By Owner TOTALS $553,846.30 $562,247.30 $595,239.30 ACEACOUSTIC & DRYWALL, I Phone (501 ) 750-3434 3672 W. Sunset - Suite 3 Fax (501 ) 751 -8941 Springdale, AR 72762 ARK License Proposal Page No. of Pages PROPOSAL SUBMITTED TO �L 1dilPHONE D I _ 6 �� DATE SIREET IyJ, JOB NAME J C _ n CITY, STATE AND IIP CODE JOB LOCATION E�E ALL ARCHITECT DATE OF PLANS IF JOB PH E We hereby propose to furn.sh materials and labor necessary lot the completion of: 67&TAL / LtZot rR -- AE-P A -T N (!r, Loo5 E PLAS i EER A E 5 Pcrm &5E COAI�/ AA (JEtj rx,.7rsN eoAT � rJ�(�oR— �EiYlo �9E � xr5l'rn�G J` 1� �.E�RocK PA" rGA ALL WALL:5 � REP;wmsr� WE PROPOSE hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: I Payment to be mala as follows: dollars (S�— All material Is guaranteed to be as specified. All work to be completed in a sub. slantlal workmanlike manner according to specifications submitted. per standard Authorize Practices. Any alteration or deviation from above specifications involving extra Signature costs will be executed only upon written orders, and will become an extra charge over and above the estimate. Ad agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary in. Rote: This proposal may be surance. Our workers are fully covered by workmen's Compensation Insurance. ^'ilhEOwn by us it not accepted within dlvs. ACCEPTANCE OF PROPOSAL The above prices, specifications and condi. tions are satisfactory and are hereby accepted. You are aulhoriaed to do the work AS specified. Payment will be made as outline above. Signature t A¢eplan[r. Signawe 05/ 20/98 07 : 25 $501 1187 Wortman Plaster . • 16001 Wortnun Plastering, Inc. 1717 West Poplar Phone 636-3398 Rogan, Arkansas 72758 Fax 6 6-1187 Contraotoft Lteonse 00049420388 COMPANY' ' Richard Shewmaker AT-TENITON FAX NUMBER 521 -3630 DATE_ 5 -20-98 SUBJECT Stucco and Dinstertspair--60; Dickson - - NUMBER OF PAGES FAX NG 1 EXTERIOR : Remove and replace loose stucco , recost with Dryvit ' finish . $ 1049380 . 00 INTERIOR : Repair cracked and loose plaster . $139 , 328 . 00 These prices are for repair of plaster and stucco only . They do not include removal or reinstallation of any structures currently applied to these wells . FROM ALBERT PLASTERING CO . 06 . 24 . 1998 12 : • P . 1 I .ATI1, PLASTER FIREPROOFING AND SYN7'HI:TIC PLASTER FINISHES PHONE 501-6498055 P. O. BOX 180460 FAX b 648-9414 FORT SMITH, ARKANSAS 72918-0460 License # 0002930499 DATE.—JUNE 24,1998 PROJECT 603 DICKSON ESTIMATOR RICHARD RICHARD SHEWMAKER Gentlemen: We propose to furnish all labor, materials, cquipmenl, insurance and taxes necessary to perform all Plasicring in accordance with the Architects /Owners/Contractors plans and specifications subject to and superseded by he Ict$$ and conditions shown on the reverse side of this shoot and the special notes below for the sum of: INTERIOR FINISH. Repair cracked and loose Gypsum Plaster. $152.340.00 EXTERIOR PLASTER.(STUCCO,DRYVIT) Repair and replace to orginal condition. No removal of other items by us. ALL REMOVAL AND REINSTALL BY OTHERS. $124.360.00 Respectfully submitted, t By_J1M A14BERT * **END***