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HomeMy WebLinkAbout1996-06-25 Minutes277 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL A special meeting of the Fayetteville City Council was held on Tuesday, June 25, 1996, at 7:30 p.m., in the Council room of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. PRESENT: Mayor Fred Hanna; Aldermen Woody Bassett, Steve Parker, Jimmy Hill, Len Schaper, Heather Daniel, Stephen Miller (arrived late), Kit Williams, Cyrus Young, Assistant City Attorney LaGayle McCarty, City Clerk/Treasurer Traci Paul; members of staff, press, and audience. CALL TO ORDER Mayor Hanna called the meeting to order with seven aldermen present. INCINERATOR LAWSUIT Mayor Hanna was pleased to announce that at the agenda session Attorney Nick Patton handed the Council a letter from the attorney for FGIC. Mayor Hanna read the letter: "City of Fayetteville Federal & State Court Actions Dear Mr. Patton: I respond on behalf of Financial Guaranty Insurance Company, ("FGIC") to your letter dated June 19, 1996, enclosing the resolution adopted by the Fayetteville City Council proposing to settle the Boatman's Trust action pending in Unites States District Court for the Western District of Arkansas (Civil 95-5214) and the Menz action pending in Washington County Circuit Court (Civ. 95-973) on the terms set forth in the "Settlement Proposal by Alderman Williams" (the "Resolution") enclosed with your letter. You have confirmed to me that 1) the City Council has unanimously approved the Resolution and 2) as set forth in paragraph 8 of the Resolution, at the June 18, 1996, meeting of the Fayetteville City Council, the ratepayers' representatives publicly announced their agreement to the terms set forth in paragraphs 1-7 of the Resolution. FGIC accepts the City's offer to settle on terms set forth in the Resolution a copy of which is attached hereto. We look forward to the prompt consummation of this settlement. Sincerely, Robert H. Baron" The Mayor stated his appreciation for all the hard work that has 278 been done on this. Alderman Williams read the following statement: "For the first time in many years, Fayetteville is not at war with itself over the incinerator case. This final and complete settlement with all the parties frees us to plan for the future without seemingly unending and costly litigation and the fears ofmassive debt hanging over our heads. Today is not the time to point fingers of accusation, but to join hands with our fellow citizens and work for a more harmonious and united city. We should remember our past mistakes so as not to repeat them, but let us celebrate the final end to this case and controversy by looking with renewed hope and optimism toward the brightened future of Fayetteville." Alderman Bassett repeated statements he made earlier in the agenda session. He commended Alderman Williams for coming up. with an offer that all eight Council members could support, an offer that could be supported by the representatives of the ratepayers, and an offer that was accepted. He also repeated thanks to Nick Patton, who was not present. Bassett stated Attorney Patton did a superb job for the City. He appreciated his cooperation and generosity. Bassett also thanked the Council for all the work done on this. He stated one of the things the Council wanted to do was to find a way to end this. Coincidentally, the day after this meeting • would mark the one-year anniversary of the Barnhart case. Now it is over. Through all the ups and downs and everything that had to\be dealt with, everyone on the Council did a good job of sticking together. There were some disagreements along the way, but when it counted, everybody stuck together and it paid off. Bassett then thanked every person who lives in this town. This thing has been going on for a long, long time. A lot of mistakes were made a long time ago and the City and people who live here have paid a price. We live in one of the best cities in the state and anywhere in the country. Even through all the nightmares, Fayetteville continued to get better. The people who live here deserve a lot of credit for persevering through this. Alderman Bassett repeated an apology he had made earlier to Alderman Parker. At the last Council meeting, he made a statement in the heat of the moment which he now apologized for. Bassett stated this is a real, real happy occasion. This is one of the reasons he ran for a second term, to stay on and be a part of seeing this thing come to an end. It is a great day for everyone in Fayetteville. Alderman Parker stated he appreciated Alderman Bassett's remarks. We are all the beneficiary of some of the acrimony that arose 4- because both sides of each of the potential settlement issues got a fair and well thought out hearing. Parker gave special thanks to Kit Williams as most valuable player in this operation and strong thanks to Nick Patton for his help. He also mentioned Jerry Rose and his staff for the work they did and the Mayor for directing resources and attention to this in addition to his other duties. It is amazing that Alderman Williams could craft a solution that brought everybody together. For that, Fayetteville should express its gratitude. .. 279 Alderman Young stated he and the majority of the people of Fayetteville are happy to see this end. Everyone wanted to see an end to it. The trick was how to go about it. He thanked Katherine Barnhart and the ratepayers' attorneys for going along with this. Dale Evans, attorney, stated this is a wonderful day to go forward. He pointed out that when you have courage and cooperation great things can happen. When a City has courage and works together it can move forward. He appreciated the Council's willingness to work with him and with each other. Kent Hirsch, attorney, congratulated the Council for its courage and wisdom. Katherine Barnhart stated she had little to add as she had said what was on her mind at the last meeting. She had just now learned that the offer had been accepted and stated it was great and a wonderful day for the City. A lot of people will breathe and sleep easier. It took a long time and took courage on the part of a lot of people. She is glad to see the division end and thanked her attorneys for hanging in there even in the darkest times. She appreciated the Council's patience in listening to all of the citizens. Alderman Schaper thanked Alderman Williams for a very well crafted offer. He did not vote for the initial settlement because it would not have ended it. This is a much better settlement as it costs us less money and resolves all of the issues and brings the whole thing to a close. Alderman Miller agreed it was a great day for Fayetteville. Mayor Hanna adjourned the meeting at 7:50.