HomeMy WebLinkAbout1999-02-23 MinutesSPECIAL
FAYETTEVILLE CITY COUNCIL MEETING
FEBRUARY: 23, 1999
A special meeting of the Fayetteville City Council was held on February 23, 1999 at 430 p.m. in
the City Administration Building, room 326, 113 West Mountain Streei,.Fayetteville, Arkansas.
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RUTH ANN MORRIS
Mayor Hanna opened for discussion the decision on the acceptance of a settlement offer for the
Ruth Morris condemnation lawsuit. He explained the case was scheduled to go to court
tomorrow and a decision needed to be made this afternoon.
Mr. Rose stated the city needed this property because they were constructing a water pump
station. The property was located within the growth area and was not within the city limits. The
property was 45 acres near Hwy 265. The city needed one and half acres of land. They had
started construction on the pump station. The council had approved the condemnation in
October of 1997. The city had been in discussion with Ms. Morris for the purchase of the
property. Unfortunately, they were unable to come to an agreement. He presented a photo of the
pump station.
' Mr. Rose explained there was a $60,000 offer on the table for discussion. Tom Reed, an
appraiser, had appraised the property, plus the damage to the remaining property. There was
$28,500 appraised value. Ms. Morris's appraiser, Kerry Shults, appraised the property and
damages at $54,000. In addition a realtor would be testifying that the property and damages
were closer to $100,000 to $110;000. Ed Connell, city land agent, had negotiated for over a year
for the property. The last offer from the city had been $55,600. The city was ready to go to trial,
if they did not want to accept the offer. He added this was ajury trial and the jury would decide
what the settlement would be for.
Alderman Trumbo thought the offer was high based on the appraisal reflected, but Ms. Morris
had not wanted to sell the property and it was going to trial. He thought it would be a good
neighbor gesture to take the settlement offer and not to go to court.
Mr. Rose explained the city was between a rock and a hard place. They wanted to give just
compensation to the people they condemn land from. On the other hand they did not want to
squander or waste tax money to purchase the property.
Mayor Hanna explained the property which had been condemned was at the entrance to the
property. This took up a large portion of the entrance to the property.
' Alderman Trumbo noted the city had constructed a nice building.
In response to questions from Alderman Davis, Mr. Rose explained the jury would not see the
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settlement negotiations. They would, however, hear the appraised value.
Mr. Hunt, Ms. Morris's attorney, explained the power pole had been there forever. The only ,
place for an entry was where a power pole was located. He thought the power company might
move the pole. With it there was not an entry into the property. He thought the offer of $60,000
was reasonable, because the element of damage was the limited access. Every person who drives
into the property would have to drive by the station, which degraded the value of the property.
Alderman Austin moved to approve the settlement offer of $60,000. Alderman Trumbo
seconded the motion.
Alderman Reynolds stated he was in agreement with the settlement, however, he did not believe
the city should be responsible for moving the power pole.
Mr. Horn stated he would agree to that, because he had assurance from the power company that
they would move the pole.
Alderman Trumbo added the pump station was helping everyone in the area's water pressure.
Upon roll call the motion carried unanimously.
The meeting adjourned at 4:47 p.m.