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04/02/1982-CC-Minutes-SpecialMINUTES: City Council Special Called Meeting April 2, 1982 PRESENT: Mayor Ralph Cole, Bridgesm Thomas, Spindle and Nesbitt VACANCY: Place 1 OTHERS PRESENT: Lloyd Henderson, Mary Jo Stover, Jeff Heffelfinger, -- J. P. Hampton, Ray Crawford, Gene Hughes, Lindon Carr, Donald Tuttle, Bob McAdams, and Freddy Inman 1. Consider Land Purchase for Water Well and Ground Storage Tank - Mayor Cole advised council that the City Engineers had recommended that the city drill a water well on the property (purchased from Gene Hughes) West of I-35, and to consider purchasing the land east for further use. Mayor Cole requested an agenda addendum in order for council to hear the report from the City Engineers regarding the construction of the new water facilities and also item to elect a Mayor Pro-Tem. Mayor Cole did not recommend the purchase of the property (east of Sanger) at this time. Motion was made by Benny Bridges not to purchase the land east of the highway (Cooper's land). Spindle gave the second. Voting for were Bridges, Spindle, and Thomas. Voting against was Nesbitt. Motion carried 3-1. 2. Elect a City Attorney - Mayor Cole explained to council that he had talked with the firm of �?�,%,lips, White, Davidge, Griffin, Shelton, and Eames. The first item is that they will not represent the city on any landfill suit. It seems that Shelton had previously discussed the issue with Simmons. Mr. Phil Phillips has had the most experience in municipal law and the city would be working directly with him. The fee is $75.00 per hour. Should the city become involved in litigation (other than the landfill) their litigation department would handle the case. The city would be charged for legal advise over the telephone. The firm has no retainer fee. Motion was made by Danny Spindle to hire the law firm of Philips, White, Davidge, Griffin, Shelton, and Eames at a fee of $75.00 per hour. Wendell Thomas gave the second. Voted unanimous. 3. Variance request on Sanger Middle School - Jeff Heffelfinger with Brown .Pssso_ciates Architects met with council to request a variance on the North side lot. The architects drew the plans in such a way that the buildings would extend into the right-of-way on Peach Street approximately 16'. The city zoning ordinance calls for a 25' setback. Council was assured that no impaired vision will exist at the corner of 7th and Peach Streets. Lindon Carr was questioned regarding the electricity. No problems. Council discussed the liability of the sidewalk on the north side that would be on city property. It was the general consensus that the sidewalk should be moved back further. The drainage ditch and safety of children exiting out the north end was discussed. Mr. Heffelfinger stated that hand rails would be placed along the sidewalk. Motion was made by Benny Bridges to approve a variance of 20' with the sidewalk to be inside the school property line. Wendell Thomas gave the second. Voted unan. Donn Nesbitt made the motion to adjourn. Benny Bridges second. Voted unan. T 1 r. r/ `r_. ����J