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HomeMy WebLinkAbout2000-10-17 - Agendas - Final FAYETTEV*.jLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA CITY COUNCIL OCTOBER 17, 2060 A meeting of the Fayetteville City Council will be held on October 17, 2000 at 6 : 30 p.m. in Room 219 of the City Administration Building. A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the minutes from the September 19 and October 3, 2000 City Council meetings. 2. BID 00-66: A resolution awarding Bid No. 00-66 to Ron Blackwell Ford in the amount of $68,908.00 for the purchase of one cab/chassis with mounted utility body and lift. 3. BID 00-70: A resolution accepting a purchase offer and authorizing the sale of Unit No. 430, 1991 Mack RD 688S cab/chassis with mounted leach 2RII Sanitation Body to RDK Truck Sales and Services, Inc. in the amount of $24,776.01 . 4. SEWER MANHOLE REHABILITATION: A resolution approving a construction change order with Kim Construction, Inc. for Sanitary Sewer Manhole Rehabilitation, Illinois Basin 6-9 and 16, and White River Minisystem 9A, in the amount of $ 104,503 and maintain a contingency of $ 15,000. 5. BLUE CROSS/BLUE SHIELD: A resolution renewing the BCBS Medical Contract for Policy Year January 1 , 2001 through December 31 , 2001 . 6. NEW WORLD SYSTEM: A resolution approving a three-year standard software maintenance contract with New World Systems, Inc. and authorize the Mayor and City Clerk to sign contract. 7. MUNICIPAL COURT SOFTWARE: A resolution approving a contract with New World Systems, Inc. for project management and installation of the Municipal Court system software, and authorize the Mayor and City Clerk to sign agreement. 113 WEST MOUNTAIN 72701 501521 -7700 FAX 501575-8257 8. BID 00-69: A resolution approving a budget adjustment and awarding Bid No. 00-69 to Total Data Services, Inc. for an IBM AS/400 model 720 and to Info Works, Inc. for an IBM AS/400 model 270. 9. DEVELOPMENT IMPACT FEE STUDY: A resolution approving phase one of the contract with James Duncan and Associates, Inc. to perform a development impact fee study. Approve the Mayor and City Clerk to sign the agreement with James Duncan and Associates, Inc. Additionally, authorize $4,500 in other project costs for phase one. 10. EDUCATIONAL ACCESS CHANNEL: A resolution authorizing an agreement with the University of Arkansas, Fayetteville, to operate the Educational Access Channel until October 31 , 2002. 11 . WHITE RIVER BASEBALL COMPLEX: A resolution approving a budget adjustment in the amount of $50,900 for White River Baseball Complex. 12, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM : A resolution approving the revised Disadvantaged Business Enterprise (DBE) Program to be implemented for all DOT/FAA grant assisted contracts entered into by the City of Fayetteville. The revised program is required by new DOT rules and regulations published in the Federal Register, 49CFR Part 26. The new resolution will replace Resolution No. 81 -88 approved on November 1 , 1988. B. OLD BUSINESS C. NEW BUSINESS 1 . RZ 00-22: An ordinance approving rezoning request RZ 00-22, submitted by James Key on behalf of James Mitchell Massey for property located at 28 S . University. The property is zoned C-1 , Neighborhood Commercial and contains approximately 0. 18 acres. The request is to rezone to R-3, High Density Residential. 2. WATER AND SEWER BONDS: A public hearing on an ordinance providing for the issuance of $ 10,000,000 principal amount of Water and Sewer System Revenue Bonds, Series 2000: authorizing the execution and delivery of a trust indenture, an underwriting agreement, a remarketing agreement, a letter of credit and reimbursement agreement, and a tax compliance agreement in connection therewith; approving an official statement in connection with the offer and sale of the bonds; providing for certain other matters relating thereto; and declaring an emergency. Meeting of October 17, 2000 .POI�Ii TRUMBO DANIEL ✓ SANTOS ✓ YOUNG ✓ RUSSELL ✓ REYNOLDS ✓ AUSTIN ✓ DAVIS ✓ HANNA ✓ yjv TRUMBO DANIEL ✓ SANTOS ✓ YOUNG RUSSELL REYNOLDS ✓ AUSTIN ✓ DAVIS ✓ HANNA �- C) Meeting of October 17, 2000 zz -L TRUMBO DANIEL SANTOS YOUNG RUSSELL REYNOLDS AUSTIN DAVIS HANNA tA'' TRUMBO t/ ✓ ✓ DANIEL SANTOS YOUNG ✓ ✓ RUSSELL '� ✓ REYNOLDS ✓ ✓ AUSTIN �- DAVIS ✓ HANNA rW kt Ca.lu- �L Vis,► J?,z 60-LZ FAYETTEVI16LE • THE CITY OF FAYETTEVILLE, ARKANSAS FINAL -AGENDA CITY COUNCIL OCTOBER 17, 2000 A meeting of the Fayetteville City Council will be held on October 17, 2000 at 6:30 p.m. in Room 219 of the City Administration Building. A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the minutes from the September 19 and October 3, 2000 City Council meetings. /31_ eO 2. BID 00-66: A resolution awarding Bid No. 00-66 to Ron Blackwell Ford in the amount of $68,908.00 for the purchase of one cab/chassis with mounted utility l body and lift. • � 3� BID 00-70: A resolution accepting a purchase offer and authorizing the sale of Unit No. 430, 1991 Mack RD 688S cab/chassis with mounted leach 2RII Sanitation Body to RDK Truck Sales and Services, Inc. in the amount of $24,776.01 . /;H0 4. SEWER MANHOLE REHABILITATION: A resolution approving a construction change order with Kim Construction, Inc. for Sanitary Sewer Manhole Rehabilitation, Illinois Basin 6-9 and 16, and White River Minisystem 9A, in the amount of $ 104,503 and maintain a contingency of $ 15,000. 5. BLUE CROSS/BLIgE SHIELD: A resolution renewing the BCBS Medical Contract for Policy Year January 1 , 2001 through December 31 , 2001 . 6. NEW WORLD SYSTEM: A resolution approving a three-year standard software maintenance contract with New World Systems, Inc. and authorize the Mayor and City Clerk to sign contract. 7. MUNICIPAL COURT SOFTWARE: A resolution approving a contract with New World Systems, Inc. for project management and installation of the . Municipal Court system software, and authorize the Mayor and City Clerk to sign agreement. • 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 A13,00 BID 00-69: A resolution approving a budget adjustment and awarding Bid No. 7 ✓ 00-69 to Total Data Services, Inc. for an IBM AS/400 model 720 and to Info • Works, Inc. for an IBM AS/400 model 270. J DEVELOPMENT IMPACT FEE STUDY: A resolution approving phase one of the contract with James Duncan and Associates, Inc. to perform a development impact fee study. Approve the Mayor and City Clerk to sign the agreement with James Duncan and Associates, Inc. Additionally, authorize $4,500 in other project costs for phase one. 10. EDUCATIONAL ACCESS CHANNEL: A resolution authorizing an agreement !/ with the University of Arkansas, Fayetteville, to operate the Educational Access 7 S�U Channel until October 31 , 2002. f 1 WHITE RIVER BASEBALL COMPLEX: A resolution approving a budget adjustment in the amount of $50,900 for White River Baseball Complex. 12, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM: A resolution approving the revised Disadvantaged Business Enterprise (DBE) Program to be implemented for all DOT/FAA grant assisted contracts entered into by the City of Fayetteville. The revised program is required by new DOT rules and regulations published in the Federal Register, 49CFR Part 26. The new resolution will replace Resolution No. 81 -88 approved on November 1 , 1988. • B. OLD BUSINESS C. NEW BUSINESS 1. RZ 00-22: An ordinance approving rezoning request RZ 00-22, submitted by James Key on behalf of James Mitchell Massey for property located at 28 S. ( FF' University. The property is zoned C- 1 , Neighborhood Commercial and contains approximately 0. 18 acres. The request is to rezone to R-3 , High Density Residential. 2, WATER AND SEWER BONDS: A public hearing on an ordinance providing for the issuance of $ 10,000,000 principal amount of Water and Sewer System Revenue Bonds, Series 2000: authorizing the execution and delivery of a trust [ Jf977 indenture, an underwriting agreement, a remarketing agreement, a letter of credit and reimbursement agreement, and a tax compliance agreement in connection therewith; approving an official statement in connection with the offer and sale of the bonds; providing for certain other matters relating thereto; and declaring an emergency. • October 10, 2000 AGENDA SESSION FOR CITY COUNCIL MEETING OCTOBER 17, 2000 NEW ITEMS: I . Request from Alana Romund to appear before the City Council regarding a traffic accident. .FAYETTEVIL,E • THE CITY OF FAYETTEVILLE, ARKANSAS July 5, 2000 Alana M. Romund 701 E. Lafayette Fayetteville, AR 72702 Dear Ms. Romund: I have reviewed your letter dated June 14, 2000, which you submitted as a formal claim against the City for the recovery of damages caused to your family's personal automobile during an accident on May 10, 2000. I also reviewed a letter sent to you by the City's insurance carrier, Arkansas Municipal League, dated June 21 , 2000. I have considered all available information and I do not believe the City is responsible for the repair of your vehicle. Further claims in regards to this accident should be made to Arkansas Municipal League. You should route any future claim to Arkansas Municipal League, P.O. Box 38, Little Rock, 72115, to the attention of Linda Montgomery. Respectfully, � Charles Venable Public Works Director cc: Mayor Fred Hanna City Council Members Jerry Rose, City Attorney Cheryl Zotti, Solid Waste Division Peggy Vice, Purchasing Manager 117 WEST MOUNTAIN 72701 501-521-7700 FAX 501475.5257 15013740541 ARK § ICIPAL LEAGUE F-862 T-3%f-002 .TUL 05 000 09: 15 �0 MUNICIPAL VEHICLE PROGRAM P.O. BOX 38 NORM UTU ROCK AR 72115.0038 n (501) 374-34M Sys FAX (501) 374-Wl WALAKLO' June 21, 2000 W. Alan Romund . 701 E. Lafayette Fayetteville, Ar. 72702 RE: City of Fayetteville Vs. Romund D/A 05/10/00 Dear Mr. Romund, Please be advised we have received your .letter and explanation of your side of the story on the above accident. I am song to say but we are still going to deny liability on this claim. The City vehicle and possession of the road and you passed the City vehicle too close to an intersection which is illegal. Sincerely, cf Linda Montgomery Assistant Director VEHICLE # / ORPEDESTRIS VEHICLE OR PEDESTRIAN # _] TQwed AWay By ( Give Full Business or Person Name (First, Ml, Last)) ❑ Towed Away By . ( rvc Full Business or Person Name (First, MI, Last)) Driven Away By eor� Driven Away By Ue— . Adress ( No. + Street / Route /P.O. Box, Etc.) kddress ( No. + Street / Route /P.O. Box, Etc.) :ity State Zip ity State Zip :MS Notified . 2 ❑ A.M. [] P.M Transported By EMS Notified [] A.M. ❑ P.M. Transported By :MS Arrived ❑ A.M. P.M. MS Arrived 14 [] A.M. P.M. ljured Transported To ( Hospital Name, City, State, Zip Code ) Injured Transported To ( Hospital Name, city,State, Zip Code ) I of Insurance Carrier (Not Agent) and Policy Number Name of Insurance Carrier (Not Agent) and Policy Number lamage To Obj truck ( House, Frnca, Tree cut. ) Owners Name (First ho, I�st > Address (No. saes Rook City. state ) Repair Cost toperty Other iCid A . han Vehicles Notified QYes No Vitnesses Names ( First Ml, Last ) Home Address ( No. + Street, Route, City, State, Zip ) Age Race Sex I A, :itations Issued To (First MI, Last Name ) Charge 7L.2tatute Number ummons Number I t Time Notified of Accident Time Arrived at Accident Scene Date ( Month / Day / Year ) Photos r AM. P.M. `�, � OA.M. ❑ P.M. S—/O —� Yes No 'mope tc Name ( Rank First Ml, Last) Badge No. Department *Reviwin, ff DateReport Filed Vehicle # Vehi Vehi le Color P int qf Initial Contact Speed Limit Speed Posted Vehicle Color Point of Initial Contact 11141 e ` MPH Yes No L Veh. # / F— Veh. #,l Point of Point of �— Impact Impact Stop Block Avenue Sign ❑ ❑ T� ❑ Spring Street (One Way) ❑ Top ❑ O 20 ❑ ❑ ❑ Driveway rELI " V1 ❑ I Top I Top I ❑ ❑� � ❑ V2 indicate North 1 I L. ❑ NOTE : Diagram Not To Schil"'nv 11 ❑�0 13 Investigator Description ( Refer to Vchieles by Operator ) larrative• +( ��>< 00 t 127 S� c c r ) / -0T- -12 ,6 ' elf -/ ' of I pages ARKANSAS MOTOR VEHICLE TRAFFIC ACCIDENT REPORT ASP 49 (REV S/ 7�osoo3el� y� � Rpt. # : Unit Assigned : / Premises : Geo. Code : District : 3 AccidentDatel Day of Time of Acciden No. of Temp Hit & Run Vehicles Direction of TravelOfficial Use Only Deg) Month/Day/Ycar Week Time AM PM Vehicles ( ❑ YES V 4Z ❑ N S ❑ E ❑ W r ❑ NO V # „1 ❑ N ❑ S ❑ E OW County Accident Occurred ity Accident Occuced N SEW City Limits of in City, but ❑ Miles ❑ Feet ❑ ❑ ❑ ❑ of Roa $ve ighway Acci ent rre on Section Log Mile se only the following reference points: Intersecting Highway, .j//ciAl All 5;�,peB f County Road, City Street, Bridge, Railroad Crossing, Overpass, Ifon Numbcrcd Highway/CountyRd. - Give Number Underpass, County Line, City Limits, Milepost, State Line. ❑ At Intersection With, or — ❑ Miles Feet ❑N ❑S E ❑ W of Refemnm Pc Vehicle # or Pedestrian # Vehicle # I or Pedestrian # It Commercial Vehicle ❑ YES (if checked see supplemental) ❑ NO Commercial Vehicle ❑ YES (if checked see supplemental) [A NO Drivers Name first, MI, Last) Inj. Code rivers Name (FirsMI, [) Inde ti ddre o. vee o =etc ) ety EquipEject de ddress (No. + Street(RO e/P.O. Box, etc.) Safety Equip .Eject ode Ci State Zip City State Zip Date of Birth Race Sex Age Drivers License Class prDL Da of Binh Rae Sex Age Drivers License Class BDL niaDAM Number and State p CDL MOmA�A Number and State p CDL _ y - • •S/ p None _ ❑ None BAC Test Results (if Known) BAC Test Results (if Known) ❑ Yes B No a/o ❑ Refused -Test ❑ Yes No % El Refused Test Vehicle Owners N m (Fi t, MI, Last ) Vehicle Owners Name int, MI, Last ) / y erf/ Owner Ad ress (No. + St et/Routc/P.O. Box, etc. ) wners Address (No. + S r et/Route/P.O. Box, cte. ) i State Zipi State Zip Mak Type of Vehicle (Motorc cle, Pickup, etc.) i ak Tvpe of ehicle (Motorcy e, Pickup, etc.) Make ,.�1 Model Body Style C�� aka Model Body Style Vehicle Registration Vehicle Registration ear State Lic # Year State Lic # ehicle Identification Number (VIN Veh. Year Est. Re it Cost Vehicle Identification Number (VIN) Plate # e�Year £ . Repair Ct Trailers ? Units Reg. State Plate # Trailers ? # Units Reg. State ❑ Yes 0 No ❑ Yes No Prior Veh. Damage If Yes Describe Damage and Location Prior Veh. Damage If Yes Describe Damage and Location ❑ Yes (Z No ❑ Yes No Vehicle Damage as Result of Accident Vehicle Damage as Result of Accident ❑Disabled ❑Other Damage ❑No Damage Functional ❑Disabled ❑Other Damage ❑No Damage Functional Passenger Information (List Below) 13 14 15 16 17 18 19 20 21 2/2 Name (First, ML Last) 23 ddress (No. + Sveet(Rouce/P.O. Box/City/Stete2ip) Gale rG DCrrsrrrn . . . . . n . nwww I y , • • RECEIVED June 14, 2000 JUN 19 2000 CRY OF FAYETTEVILLE Mr. Charlie Venable, Director MAYOR'S OFFICE Public Works City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Mr. Venable: This letter serves as a formal claim against the City of Fayetteville for the recovery of damages caused by a City of Fayetteville recycling truck to my family's personal auto on May 10, 2000 (please see attached accident report dated May 12, 2000). Nelms Honda estimated the repair of the damages to our auto will cost $ 1 ,500. (please see attached Nelms estimate dated May 11 , 2000). Our attorney has advised us to send this claim letter directly to the City for an expedient, legal resolution of this matter. A City of Fayetteville legal advisor has already told our insurance company that the city will not accept responsibility for this damage. . .that it's my fault. Everyone who has looked at the accident report (insurance company representatives and attorneys and our attorney) says it is clear that the City of Fayetteville is responsible for this accident. There was no inattention on my part (we take strong exception with the concluding sentence of the accident report that blames me equally for "inattention"). At the instant I saw the recycling truck driver suddenly pull away from the right-hand curb with no warning and without looking in his left-hand side mirror, I blew my horn and stopped completely before he hit my car's right front end. We also take very strong exception to the obviously inaccurate drawing of the accident on the attached accident report. As the true and actual events unfolded, the city recycling truck had stopped fully at the right-hand curb at which point in time the passenger-side co-worker emerged from it. I clearly saw him step onto the curb from the truck. Please consider the following proofs: • The accident report illustration erroneously shows the path of the recycling truck as originating within the lane of traffic behind me. Due to the immense size and width of city recycling trucks, the truck (if it had been within the lane of traffic) would have taken up the entire one-way single lane where the accident occurred. It is physically impossible for me in our car to have been side by side with the recycling truck within the one-way single lane available on Spring Street AND at the same instant neither vehicle to have been within either the left- or right-hand side bicycle lanes, as is drawn inaccurately on the accident report. • In fact, if you just study the report's drawing of the path of Vehicle- 1 (the truck), it appears as if the truck passed my car on the right and turned left in front of me, impacting my car at that point and without ever entering the right bike lane. • Another important proof is that these recycling trucks require a large turning radius and the driver that day could not have successfully negotiated his left-hand turn into the narrow alley in question from the center of the one-way single traffic lane in question. In truth, he began his left tum from the right-hand curb so he could make it into the alley. • The City of Fayetteville accident report includes a notation that the accident illustration is "not drawn to scale." Please see our attached scale drawing in support of the above proofs. Also, the recycling truck employee on the ground (the man who exited the recycling truck when it pulled over and stopped at the right curb) began yelling at his co-worker to stop the truck as soon as the employee on the ground saw me/heard my honking. The driver of the city recycling truck said he did not hear either my horn warning or his co-worker yelling at him, even though his co-worker emphatically stated to him after the collision, "I told you to stop! !" After he hit my car, the recycling truck driver told me that this was the third or fourth accident he' d had since he began driving the truck within the past couple of months. Additionally, I was told by the responding police officer that it is the responsibility of the partner recycler who gets off the truck to make sure all traffic is stopped in both directions before the truck resumes motion. The recycling truck driver drove off without this clearance from his co-worker. However, the partner recycler on the ground did make a strong effort to get his co-worker' s attention and make him stop before he hit my car, to no avail. Another quite troubling aspect of this incident is that within short minutes of the accident, several City of Fayetteville Solid Waste Division supervisors showed up at the scene. The responding Fayetteville police officer showed up some minutes later and was confronted by the responding City supervisors who told him to write me a ticket for illegal passing. The two recycling truck drivers who were involved in the accident told the police officer that I was not passing, that I was sitting motionless and honking my hom. The officer refused to write the ticket. The police officer spent some minutes talking to me after the others left and he told me he hated these situations because supervisors show up and start telling him how to do his job after they've told everyone else what to say before he arrives on the scene. The responding police officer was very courteous and kind toward me, spending a good amount of time talking with me and making sure I was okay. The behavior of the Solid Waste Division supervisors, however, is a very troubling aspect of this incident and we ask the City to determine the legality of allowing its city supervisors to involve themselves, pressure subordinates, pass judgment and direct an official police response at an accident scene when they are not charged with this responsibility by city taxpayers and were not present when the accident occurred. 2 The motor vehicle laws of the state of Arkansas (according to Arkansas State Police) interpret that as this accident actually happened and involving as it did a single-lane one-way street, the City of Fayetteville recycling truck was at fault for " . . .failure to yield right-of:way to a vehicle on the roadway." The attached accident report even supports this conclusion: "Mr. Taylor stated that as he was turning left he did not see V and they collided. " It is the responsibility of all drivers pulling away from a right- hand curb stop (which the city driver did in fact make to drop off his co-worker) to check their left-hand mirror for oncoming traffic and to yield to such traffic if present. I respectfully ask the City of Fayetteville to reimburse me as soon as possible in the amount of the attached Nelms Honda estimate for the damages caused to our vehicle by a City of Fayetteville recycling truck on May 10, 2000. Respectfully submitted, Alana M. Romund 701 E. Lafayette Fayetteville, Arkansas 72702 (501 ) 444-6366 (work) (501) 587- 1823 (home) cc: Ms. Heather Woodruff, City Clerk (will you please cc: and distribute as below): W. Fred Hanna, Mayor Mr. Ron R. Austin, Position 2, District 1 , Fayetteville City Council Mr. Robert Reynolds, Position 1 , District 1 , Fayetteville City Council Fayetteville City Council Aldermen, all districts Enclosures: 3 I am the owner of the 1992 Honda Accord station wagon that was hit by the City of Fayetteville recycling truck on April 10, 2000. I fully support everything written in this letter and add my voice to my daughter's claim for the recovery of damages in the amount of $ 1 ,500. (per the attached Nelms Honda estimate). I formally request (as a signatory to this letter) that the City of Fayetteville reimburse us for the subject damages in the full amount within the next 30 days. TkTik YOU, < VUl Camilla M. Romund (501 ) 5214516 (home) (50. 1 ) 575-7386 (work) 3 l -D , c,�bYP GRR • I I � I oL �� Date: 06/11!2000 11:56 AM Estimate ID: 4342 Estimate Version: 0 Preliminary Profile ID: STATE FARM Nelms Collision Center 1400 TRANSPORT RD Fayetteville, AR 72704 (601) 261.2260 Fax: (601) 261.2269 Damage Assessed By: Jerry Jackson Deductible: UNKNOWN Insured: CAMILLA ROMUND Address: 706 E IAFFETTE FAYETTEVILLE, AR 72701 Telephone: Work Phone:(601) 676-7366 Home Phone: (601) 621.1616 Mitchell Service: 910130 Description: 1992 Honda Accord EX Vehicle Production Date: 6/92 Body Style: 40 Wgn Drive Train: 221. Ino 4 Cyl4A VIN: IHGCBBGSBNA01260 License: YFC 474 AR Mintage: 1409679 Coles. WHITE lane Entry Labor Line Item Part Typd Dollar Labor Item Number Type Operation Description Pan Number Amount Units 1 AUTO BUY OVERHAUL FRT COVER ASSY Its q 2 001700 BOY REMOVEIREPLACE FRT BUMPER COVER 71101-SM54MZZ 194.66 INC N 3 AUTO REF REFINISH FRT BUMPER COVER C 2A 4 001960 BOY ACCESSANSPECT FRT BUMPER REINFORCEMENT Existing 09' 6 002710 BDY REMOVEIREPLACE R FRT COMBINATION LAMP ASSEMBLY 33100SM4,AW 197.73 1A A 8 AUTO BOY CHECK/ADJUST HEADLAMPS OA 7 003740 BOY REPAIR HOOD PANEL Existing 29' . 6 AUTO REF REFINISH HOOD OUTSIDE C 29 9 006830 BOY REMOVEIREPLACE R FENDER PANEL 60211SM4A01ZZ 216.76 1A a 10 AUTO REF REFINISH R FENDER OUTSIDE C 19 11 AUTO REF REFINISH R FENDER EDGE C 09 12 023860 REF BLEND R FRT ADD FOR JAMBS & INSIDE C OA 13 024490 BDY REMOVEIINSTALL R FRT DOOR BELT MOULDING Existing 09' U 000073 BDY REMOVEANSTALL R FRT DOOR TRIM PANEL OA 16 900600 BOY * REMOVEIREPLACE PI STRIPES Sublet 2690 • 09' 16 027010 BDY REMOVEANSTALL R FRT DOOR OUTSIDE HANDLE Existing 0 r# 17 AUTO REF ADDL OPR CLEAR COAT Z7 19 AUTO ADDL COST PAINTIMATERULLS 20490 ' 19 AUTO ADDL COST HAZARDOUS WASTE DISPOSAL SAO * • - Judgement Item it - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 06/11/2000 11:32:31 4342 UhraMate is a Trademark of Mitchell International Mitchell Data Version: APR DD_A Copyright (C) 1994 - 1999 Mitchell International Page 1 of 2 All Rights Reserved Date: 06111Yi000 11:36 AM Estimate ID: 4342 - Estimate Version: 0 + Preliminary Profile ID: STATE FARM T Addl Labor Sublet subtotals Units Rate Amount Amount Totals IL Pan Replacement Summary Amount- lolly 7.6 32.00 0.00 0.00 243.20 T Taxable Parts 623.14' tefinish 10.2 32.00 0.00 0.00 326.40 T Sales Tax @ 6.626% 49.26, ( Tincable Labor 669.60 Total Replacement Parts Amount - : 664A; ..' • Labor Tax @ 6.626 % 37.74 Summary 17X 607.34 Mal Costs •• Amount IV. Adjusbrumts Amount 'axable Costs - 207.50 Customer Responsibility OAP Sales Tax . @ 6.626% 13.76 'otal Additiqnal Costs ' 221.25 L Total Labor: 607.54 • H. Total Replacement Pads: SIWA2 Ill. Total Additional Costs: 221.25 Grgss Total: 1,493A1 IV, Total Adjustrnents: ' 0.00 Net Total: 1,493.01 This is a Preliminary estimate. Additional changes to the estimate maV be required for the actual repair. E RECALL NUMBER: 06/11/2000 11:32:31 4342 UltraMate is a Trademark of Mitchell International lata Version: APR_00 A Copyright (C) 1994 . 1999 Mitchell International Page 2 of 2 All Rights Reserved October 6, 2000 705 E. Lafayette Fayetteville, Arkansas 72701 Mr. Ron Austin, City Alderman City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Dear Mr. Austin, This letter serves as a request from Alana M. Romund (my daughter) and me to please arrange on the city docket a time for us to present in person at the earliest opportunity to the City Council the details of the traffic accident involving a City of Fayetteville recycling truck and my personal auto, which Alana was driving at the time. We also request that Amy Wolfe be allowed to speak, if necessary, on Alana's behalf during the same time slot. Amy witnessed the city recycling division employee admit that he and his co-worker were at a full stop on the curb when Alana, who occupied the single one-way traffic lane, drove by properly as oncoming traffic with right-of-way. Please review the attachments for full details. We remain confident that the clear-cut details and truth of this case speak clearly to the city's liability. We seek only the amount estimated as necessary to properly repair our car, no more. Needless to say, we are very dissatisfied with the decision handed down by the City Attorney in a recent meeting you arranged and during which you advocated on our behalf to attain a fair and honest resolution of this matter. Thank you for your continued representation of our interests. You have been very responsive throughout this entire effort. Thank you for your ongoing advocacy, /7 1 t d V.,/ mwk� Camilla M. Romund (501 ) 521 -4516 (home) (501 ) 575-7386 (work) att/ cc: City Clerk—Ms. Woodruff, per Mr. Austin's request, please xerox this letter with attachments and distribute to the normal distribution list of some 25 individuals n UNI7Leo S.TgTZS PoSLgt SERVICE .. i I Sef)der i �Q . Please / pi�sbgass . /Iry'nt / °SW nlali �ih2T7 -�.,�, - P , Paitl address aN� �4No G_fp 7 + 7,2 7& SENDER: COMPLETE THIS SEC77ON COMPLETE THIS SECTION ON DELIVERY ■ Complete hems 1, 2, and 3. Also complete a Received by (Please Rent ClearW B 9� Ner hem`4 If Restricted Delivery is desired. V " ■ Print your name and address on the reverse C. Signature so that we can return the card to you. A ■ Attach this card to the back of the mailpiece, Xddresse gent O Agent or on the front If space permits. D. Is delivery address different from hem 1? 13 Yes I 1. Article Addressed to: if YES, enter delivery address belovr. O No CNAE2�lF vENR&& '0iR I P v�u � uloP-mss 14j , 1V ou/Vl f 11 3 certmedA fled Mall ❑ Express Mail '�7 13 4. Registered F(Return Receipt fe'M (=V 0!, � 0 Insured MailO.o.D. J a 'D/ 4. Restricted Delivery? (Esea Fee) 13Yes 00�. 2. Article Number (Copy from service MW �0�9 3 X00 OOQ�o �52;9 �� ; -5�1 `� PS Form 3811 , Juy 1899 ' Domestic.Return Receipt - - - 10259sse4knee June 14, 2000 Mr. Charlie Venable, Director Public Works City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Mr. Venable: This letter serves as a formal claim against the City of Fayetteville for the recovery of damages caused by a City of Fayetteville recycling truck to my family's personal auto on May 10, 2000 (please see attached accident report dated May 12, 2000). Nelms Honda estimated the repair of the damages to our auto will cost $ 1 ,500. (please see attached Nelms estimate dated May 11 , 2000). Our attorney has advised us to send this claim letter directly to the City for an expedient, legal resolution of this matter. A City of Fayetteville legal advisor has already told our insurance company that the city will not accept responsibility for this damage . . .that it's my fault. Everyone who has looked at the accident report (insurance company representatives and attorneys and our attorney) says it is clear that the City of Fayetteville is responsible for this accident. There was no inattention on my part (we take strong exception with the concluding sentence of the accident report that blames me equally for "inattention"). At the instant I saw the recycling truck driver suddenly pull away from the right-hand curb with no warning and without looking in his left-hand side mirror, I blew my horn and stopped completely before he hit my car's right front end. We also take very strong exception to the obviously inaccurate drawing of the accident on the attached accident report. As the true and actual events unfolded, the city recycling truck had stopped fully at the right-hand curb at which point in time the passenger-side co-worker emerged from it. I clearly saw him step onto the curb from . the truck. Please consider the following proofs: • The accident report illustration erroneously shows the path of the recycling truck as originating within the lane of traffic behind me. Due to the immense size and width of city recycling trucks, the truck (if it had been within the lane of traffic) would have taken up the entire one-way single lane where the accident occurred. It is physically impossible for me in our car to have been side by side with the recycling truck within the one-way single lane available on Spring Street AND at the same instant neither vehicle to have been within either the left- or right-hand side bicycle lanes, as is drawn inaccurately on the accident report. • In fact, if you just study the report's drawing of the path of Vehicle- 1 (the truck), it appears as if the truck passed my car on the right and turned left in front of me, impacting my car at that point and without ever entering the right bike lane. The motor vehicle laws of the state of Arkansas (according to Arkansas State Police) interpret that as this accident actually happened and involving as it did a single-lane one-way street, the City of Fayetteville recycling truck was at fault for " . . . failure to yield right-of-way to a vehicle on the roadway." The attached accident report even supports this conclusion: "Mr. Taylor stated that as he was turning left he did not see V 1 and they collided. " It is the responsibility of all drivers pulling away from a right- hand curb stop (which the city driver did in fact make to drop off his co-worker) to check their left-hand mirror for oncoming traffic and to yield to such traffic if present. I respectfully ask the City of Fayetteville to reimburse me as soon as possible in the amount of the attached Nelms Honda estimate for the damages caused to our vehicle by a City of Fayetteville recycling truck on May 10, 2000. Respectful[l submitted, Alana M. Romund 701 E. Lafayette Fayetteville, Arkansas 72702 (501 ) 444-6366 (work) (501 ) 587- 1823 (home) cc: Ms. Heather Woodruff, City Clerk (will you please cc: and distribute as below): Mr. Fred Hanna, Mayor Mr. Ron R. Austin, Position 2, District 1 , Fayetteville City Council Mr. Robert Reynolds, Position 1 , District 1 , Fayetteville City Council Fayetteville City Council Aldermen, all districts Enclosures: 3 I am the owner of the 1992 Honda Accord station wagon that was hit by the City of Fayetteville recycling truck on April 10, 2000. I fully support everything written in this letter and add my voice to my daughter's claim for the recovery of damages in the amount of $ 1 ,500. (per the attached Nelms Honda estimate). I formally request (as a signatory to this letter) that the City of Fayetteville reimburse us for the subject damages in the full amount within the next 30 days. Tkapk you, (�WbA Camilla M. Romund (501 ) 5214516 (home) (501 ) 575-7386 (work) 3 ^ t~ • • Date: 05/11/2000 11:36 AM Estimate ID: 4342 Estimate Version: 0 J Preliminary Profile 10: STATE FARM Nelms Collision Center 1400 TRANSPORT RD Fayetteville, AR 72704 (601) 251-2250 Fax: (601) 261.2269 Damage Assessed By: Jerry Jackson - Deductible: UNKNOWN Insured: CAMILLA ROMUND Address: 705 E LAFFETTE FAYETTEVILLE, AR 72701 Telephone: Work Phone:(501) 576-7386 Home Phare: (501) 5213616 Mitchell Service: 910130 Description: 1992 Honda Accord EX Vehicle Production Date: 6192 Body Style: 4D Wgn Drive Train: 2.21. Inj 4 Cyl 4A VIN: 1HGCB9868NA012668 License: YFC 474 AR Mileage: 1409679 Color: WHITE Line Entry Labor Line item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 AUTO BOY OVERHAUL FRT COVER ASSY 0A # 2 001700 BOY REMOVEIREPLACE FRT BUMPER COVER 711014SMS-AOOZZ 194.65 INC # 3 AUTO REF REFINISH FRT BUMPER COVER C 2A 4 001960 BOY ACCESSANSPECT FRT BUMPER REINFORCEMENT Existing 0.0' 6 002710 BOY REMOVFJREPLACE R FRT COMBINATION LAMP ASSEMBLY 33100SM4.A04 187.73 1.6 # 6 AUTO BOY CHECKIADJUST HEADLAMPS OA 7 003740 BOY REPAIR HOOD PANEL Existing 2.60 8 AUTO REF REFINISH HOOD OUTSIDE C 2.9 9 005830 BOY REMOVEIREPLACE RFENDER PANEL 60211SM4.A01ZZ 215.76 1A # 10 AUTO REF REFINISH R FENDER OUTSIDE C 1.8 11 AUTO REF REFINISH R FENDER EDGE C 0.5 12 023860 REF BLEND R FRT ADD FOR JAMBS & INSIDE C OA 13 024490 BOY REMOVEIINSTALL R FRT DOOR BELT MOULDING Existing OX 14 000073 BOY REMOVEANSTALL R FRT DOOR TRIM PANEL OA 15 900500 BDY ' REMOVEIREPLACE PI STRIPES Sublet 25.00 ' O.0' 16 027910 BOY REMOVEANSTALL R FRT DOOR OUTSIDE HANDLE Existing O.Y# 17 AUTO REF ADD'L OPR CLEAR COAT 2.1 18 AUTO ADD'L COST PAINT/MATERIALS 204.00 ' 19 AUTO ADDt COST HAZARDOUS WASTE DISPOSAL 3.60 • - Judgement Item p - Labor Note Applies C - Included in Clear Coat Calc ESTIMATE RECALL NUMBER: 05/11/2000 11:32:31 4342 Ultra Mate is a Trademark of Mitchell International Mitchell Data Version: APR_00_A Copyright (C) 1994 - 1999 Mitchell International Page 1 of 2 All Rights Reserved r OL • • 1. Date: 06/1112000 11:36 AM Estimate ID: 4342 1 Estimate Version: 0 +' Preliminary . Profile ID: STATE FARM T Add? 4� Labor Sublet or Subtotals Units Rate Amount Amount Totals If. Part Replacement Summary Amount-- Body 7.6 32.00 0.00 0.00 243.20 T Taxable Parts 623.14 Refinish 10.2 32.00 0.00 0.00 326.40 T Saks Tax @ 6.626% 41.26, t T (table Labor 669.60 Total Replacement Parts Amount - 664Aj-..' Labor Tax @ 6.625 % 37.74 - ior Summary 17.8' 607.34 fitional Costs •� Amount IV. Adjustments Amount I Taxable Costs 207.60 Customer Responsibility 0." Sales Tax 6.626% 13.76 . Total Adddignal Costs ' 221.26 L Total Labor: 607.3.4 • It. Total Replacement Parts: S64A2 III. Total Additional Costs: 221.26 Grgss Total - 1A93.011 IV. Total Adjustments: 0.00 Net Total: 19493.01 This is a Preliminary estimate. Additional chanties to the estirnate may be required for the actual repair. AATE RECALL NUMBER: 06/11/2000 11:32:31 4342 Ultra Mate is a Trademark of Mitchell International ell Data Version: APR_00_A Copyright (C) 1994 - 1999 Mitchell International Page 2 of 2 All Rights Reserved • • • Date: 6/ 9/00 06:48 AM Estimate ID: 04-1221-11901 Estimate Version: 0 , Committed Profile ID: 6.625 STATE FARM INSURANCE 688 MILSAP RD FAYETTEVILLE, AR72903 (501 ) 973-8000 Fax: (501) 973-8099 FOR ANY QUESTIONS REGARDING THIS ESTIMATE PLEASE CONTACT THE CLAIMS HANDLER INDICATED BELOW , Damage Assessed By: DANNY WILLIAMS Claims Handler: John Tedford .(501) 973-8023 ` SUPPLEMENT REQUEST FAX NUMBER - 973- 8030 Type of Loss: Collision (Spec) Date of Loss: 5110/00 Deductible: 500.00 Claim Number. 04-1221-11901 Insured: CAMILLA ROMUND Address: 705 E LAFAYETTE ST FAYETTEVILLE, AR 72701-4436 Telephone: Home Phone1;501) 521.4516 Mitchell Service: 910130 Description: 1992 Honda Accord LX Body Style: 4D Wgn Drive Train: 2.21. Inj 4 Cyl 4A VIN: 1HGCB9858NA012668 License: YFC474 AR Mileage: 143,697 OEM/ALT: A Search Code: SFV133 Color. WHITE Options: AIR CONDITIONING, POWER STEERING,.POWER WINDOWS, POWER DOOR LOCKS, POWER SEATS TILT STEERING WHEEL, CRUISE CONTROL, ELECTRIC DEFOGGER, AM-FM STEREO AUTOMATIC TRANSMISSION Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 700031 BDY REMOVE/REPLACE R REPLACE FENDER Dual Recycled Part 100.002.1 # 2 AUTO REF REFINISH R FENDER ASSY C 2.2 3 MABRYS 521-1586 KEVIN 4 LINE MARKUP %25.00 25.00 5 700033 BOY REMOVE/REPLACE R FENDER MOULDING Qual Recycled Part 0.2 6 *** END OF ATG SECTION "' 7 AUTO BOY OVERHAUL FRT COVER ASSY 0.8 # 8 001700 BOY REMOVE/REPLACE FRT BUMPER COVER Remanufactured 150.00 ' INC # 9 AUTO REF REFINISH FRT BUMPER COVER C 2.4 10 T/TOWN BUMPER 800-256-6653 11 002710 BOY REMOVE/REPLACE R FRT COMBINATION LAMP ASSEMBLY Qual Recycled Part 125.00 ' 1 .6 # 12 AUTO BOY CHECK/ADJUST HEADLAMPS 0.4 13 MABRYS QUOTE#98423 521-1586 KEVIN 14 LINE MARKUP %25.00 31.25 15 003740 BOY REPAIR HOOD PANEL Existing 2.5' ESTIMATE RECALL NUMBER: 6/ 9/00 06:48:00 041221-11901 UltraMate is a Trademark of Mitchell International Mitchell Data Version: MAY_00_A Copyright (C) 1994 - 1999 Mitchell International Page 1 of 3 All Rights Reserved • • Date: 619/00 06:48 AM • Estimate ID: 04-1221-11901 Estimate Version: 0 Committed Profile ID: 6.625 16 AUTO REF REFINISH HOOD OUTSIDE C 2.5 17 017790 BDY REMOVE/INSTALL R W/SHIELD WASHER NOZZLE Existing 0.2' # 18 017800 BDY REMOVE/INSTALL L W/SHIELD WASHER NOZZLE Existing 0.2' # 19 023860 REF BLEND R FRT ADD FOR JAMBS 8 INSIDE C 0.4 20 024490 BDY REMOVEIINSTALL R FRT DOOR BELT MOULDING Existing 0.3' 21 024520 BDY REMOVE/INSTALL R FRT DOOR FRONT MOULDING Existing 0.3' 22 027890 BDY REMOVE/INSTALL R FRT DOOR OUTSIDE HANDLE Existing 0.2' # 23 900500 BDY ' REMOVE/REPLACE TAPE STRIPE Sublet 25.00 ' 0.0' 24 900500 REF ' REMOVE/REPLACE FLEX ADDITIVE New 0.00 ' 0.1• 25 936012 ADD'L COST HAZARDOUS WASTE DISPOSAL 3.00 ' 26 AUTO REF ADD'L OPR CLEAR COAT 2.0 27 933005 BDY ADD'L OPR RESTORE CORROSION PROTECTION 10.00 ' 0.3' 28 AUTO ADD'L COST PAINT/MATERIALS 201 .60 ' - Judgement Item # - Labor Note Applies C - Included in Clear Coat Calc Add1 Labor Sublet I. Labor Subtotals Units �Rate�� Amount Amount Totals II. Part Replacement Summary Amount Body 9.12.00 10.00 0.00 301 .20 T Taxable Paris 400.00 Refinish 9.6 2.0 0.00 0.00 307.20 T Parts Adjustments 56.25 Sales Tax @ 6.625% 30.23 Taxable Labor 608.40 Labor Tax rp) 6.625 % 40.31 Total Replacement Parts Amount 486.48 Labor Summary 18.7 648.71 III. Additional Costs Amount IV. Adjustments Amount Taxable Costs 204.60 Insurance Deductible 500.00- Sales Tax @ 6.625% 13.55 Customer Responsibility 500.00• Total Additional Costs 218.15 I. Total Labor. 648.71 II. Total Replacement Parts: 486.48 III. Total Additional Costs: 218.15 Gross Total: 1 ,353.34 IV. Total Adjustments: 500.00- Net Total: 853.34 Point(s) of Impact 1 Right Front Comer (P) Inspection Site: FDI FAYETTEVILLE, AR Inspection Date: 6/ 9100 ESTIMATE RECALL NUMBER: 6/ 9/00 06:48:00 04-1221-11901 UlbaMate Is a Trademark of Mitchell International Mitchell Data Version: MAY_00_A Copyright (C) 1994 - 1999 Mitchell International Page 2 of 3 All Rights Reserved • • • Date: 6/ 9/00 06:48 AM Estimate ID: 041221.11901 Estimate Version: 0 d Committed Profile ID: 6.625 * * * * * * CAUTION * * * * * FAILING TO PRESENT THIS ESTIMATE TO THE REPAIRING GARAGE BEFORE REPAIRS MAY RESULT IN ADDITIONAL EXPENSE TO YOU . THIS IS NOT AN AUTHORIZATION TO REPAIR ! ALL SUPPLEMENTS REQUIRE PRIOR APPROVAL BY A STATE FARM CLAIM REPRESENTATIVE . * * * * * * * * * * * * * * * * * * NOTICE : REPAIRS TO THIS VEHICLE MAY REQUIRE SPECIFIC WELDING EQUIPMENT AS RECOMMENDED BY THE MANUFACTURER . ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON . ESTIMATE RECALL NUMBER: 619/0006:48:00 041221-11901 Ultra Mate is a Trademark of Mitchell Intemafional Mitchell Data Version: MAY 00_A Copyright (C) 1994 - 1999 Mitchell International Page 3 of 3 All Rights Reserved - •ry �wcvr� � 1 . etKO west a � / z iA. E y a= a Gk2 vvJlS 4::pUL.L S�oPp�zD - -rl My ov kczAvDo N t, GRtZ - I I I i W GA�I-� 332 i i Yv all I, qw-mill I vP 1 `i 0MIDrivers . . ' • I F0 W • . :� FSRAW .�.� tai' � ■ � � ■ ■ 13ACTest Results (if Known) ■ ,: ■ ; ; • FFF " ,,ran. • . . i PRIM • • • • . • . , • � " Ac: MIL 1514 BOOM Z Vehicle kegiitration Year State • • . If Yes Describe Damage and Location FORMEAMM97 Describe Damage and Location ■ � ' ■ I too • . • . Vehicle Damage Passenger Information (ListBelow) MMMMMMMMM ; tom • • � ls P 6-`1 Ads Pos -it• Fax Note 7671 Date j u of b, Zi To Pages �(� (+ From CoMept. Co. Phone "5 _ Q Phone # Fax # J .57S— 83 _ S 7 Fax a 4000000� - j . raCY 0 Civ NOMMVM ". 5 proof Copy--Please Appru#"K`00r' and Fax Bede to (501 ) 448-5477 By 4:30 P.m. 'T1700 Ih duestl APpaOkEd _ CITY OF FAYETTEVILLE Final Agenda CITY COUNCIL October 17, 2000 .4 meeting of the F,rjcu;viUc City Cnwcil „ Ili he held on October 17, 2(100 at 6:30 p.m. in Room 219 Cd the (My Administration Building 1,5ated at 113 Wal 6lounlain Suca, Faycacvillo, AR A. CONSENT AGENDA 1. APPROVAL OF'1411E MINUI ES: Approval of the minutes from the September 19 and October 3, 2(XX) meetings. 2. BID 00-66: A resolution aw:utling Bid No. WE6 to Ron Blackwell Ford in the amount of W.908.00 for incl p❑ichase of one cmb/ch mis with mounted utility Kxly and lift. 3. BID 00-70: A itsolution accepting a purchase offer and authorizing the sale of Unit No. 430, 1991 !stack RD (Sass cab/chassis with mounted leach 2RB Sanitation Body to RDK Truck Sales and Services, lncthe amount of $24.776.01 . d. SRWFR MA NFi(li .F RPH 1It I1 .19'ATION- 4 ,ncnhi6 rvs An vl no v Toe 39Hd SF101036d woad 3MtIlNCD