HomeMy WebLinkAbout2007-02-13 Minutes0
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Mayor Dan Coody
City Attorney Kit Williams
City Clerk Sondra Smith
Special City Council Meeting Minutes
February 13, 2007
Page I of 2
City of Fayetteville Arkansas
Special City Council Meeting Minutes
February 13, 2007
A meeting of the Fayetteville City Council was held on February 13, 2007 at 4:30 PM in Room
326 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Allen, Ferrell, Lucas, Jordan, Mayor Coody,
City Attorney, Kit Williams; City Clerk, Sondra Smith; Staff, Press, and Audience.
ABSENT: Alderman Rhoads
Pledge of Allegiance
NEW BUSINESS:
Barbara J. Heyliger Revocable Trust Settlement Agreement: A resolution to approve the
Settlement Agreement with the property owner in Cit o�yetteville v. Barbara J. Hevliger
Revocable Trust, Washington County Circuit Court Civil Case No. 06-990-4.
City Attorney Kit Williams: This is a settlement that is being recommended by me and
Assistant City Attorney David Whitaker.
Assistant City Attorney David Whitaker: I sent you a memo briefly describing what the
request was and our recommendation. This is as good of a deal as you are likely to get. I will
repeat my concern that with this as well as many other things, once you go to trial in Arkansas
the only remaining issue is price. The price would beset by a Washington County jury who after
hearing testimony would then determine what they thought was the best price. To be very honest
it is a bit like the wheel of fortune, where it stops nobody knows. The price is obviously higher
than we started out at and considerably lower than what they countered. One of the chief
benefits is that the amount is known and it is manageable on this project.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
aceessfayettevi l l e. org
Aldermen
Ward I
Position 1 — Adella Gray
Ward l
Position 2—Brenda Thiel
Ward 2
Position 1 — Kyle B. Cook
Ward 2
Position 2 —Nancy Allen
Ward 3
Position I — Robert K. Rhoads
Ward 3
Position 2 — Robert Ferrell
Ward 4
Position I — Shirley Lucas
Ward 4
Position 2 — Lioneld Jordan
City of Fayetteville Arkansas
Special City Council Meeting Minutes
February 13, 2007
A meeting of the Fayetteville City Council was held on February 13, 2007 at 4:30 PM in Room
326 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Mayor Coody called the meeting to order.
PRESENT: Alderman Gray, Thiel, Cook, Allen, Ferrell, Lucas, Jordan, Mayor Coody,
City Attorney, Kit Williams; City Clerk, Sondra Smith; Staff, Press, and Audience.
ABSENT: Alderman Rhoads
Pledge of Allegiance
NEW BUSINESS:
Barbara J. Heyliger Revocable Trust Settlement Agreement: A resolution to approve the
Settlement Agreement with the property owner in Cit o�yetteville v. Barbara J. Hevliger
Revocable Trust, Washington County Circuit Court Civil Case No. 06-990-4.
City Attorney Kit Williams: This is a settlement that is being recommended by me and
Assistant City Attorney David Whitaker.
Assistant City Attorney David Whitaker: I sent you a memo briefly describing what the
request was and our recommendation. This is as good of a deal as you are likely to get. I will
repeat my concern that with this as well as many other things, once you go to trial in Arkansas
the only remaining issue is price. The price would beset by a Washington County jury who after
hearing testimony would then determine what they thought was the best price. To be very honest
it is a bit like the wheel of fortune, where it stops nobody knows. The price is obviously higher
than we started out at and considerably lower than what they countered. One of the chief
benefits is that the amount is known and it is manageable on this project.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
aceessfayettevi l l e. org
Special City Council Meeting Minules
February I;. 2007
Page 2 of 2
City Attorney Kit Williams: We believe this is a fair settlement. David Jurgens has reviewed
this. •
David Jurgens, Water & Wastewater Director: 1 have reviewed it and absolutely recommend
approval.
Mayor Coody: The staff has done a really good job on this.
Alderman
Thiel moved to approve
the resolution.
Alderman Gray seconded the motion.
Upon roll
call the resolution passed
unanimously.
Resolution 25-07 as Recorded in the Office of.the City Clerk.
Meeting adjourned at 4:35 PM
6i/ 6101t�
Sondra Smith, City Clerk/Treasurer
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13 west Mounlain'72701 ',(479)'521-7700 1(479) 575-8257 (Fax)
accessfayettevi I le.org