CM 1977-07-12 STATE OF TEXAS
COUNTY OF DALLAS
The City Council of the City of Coppell, Texas met in regular session on July
12, 1977 at 7:30 P.M. in the meeting room at the Coppell Elementary School.
The following members were present:
John R. Burns, Mayor
-=- Fred Baker, Mayor Pro Tem
Donald J. Carter, Councilman
Stubby Steadman, Councilman
Roy C. Brock, Councilman
Andy Grant, Councilman
Also present was City Administrator George Campbell, City Attorney Larry Jackson
and City Secretary Margaret Johnson.
The invocation was given by City Administrator George Campbell.
77-157
O0 Councilman Brock made motion, seconded by Councilman Steadman, to waive the
reading of the minutes of the June 28, 1977 and Special meeting July 5, 1977
meetings Motion carried 4-0 with the mayor showing his approval and Council-
man Carter abstaining.
Councilman Brock made motion, seconded by Councilman Grant to approve the minutes
of the June 28th meeting with corrections in item no. 77-153-B and 77-153C and
the minutes of the July 5th meeting with no corrections. Motion carried 4-0
with Councilman Carter abstaining and the mayor showing his approval.
77-158
Preliminary Public Hearing on 1977-78 fiscal budget. Mayor Burns opened a prelimi-
nary public hearing on the 197--78 fiscal budget and asked for citizens present
to comment or state any items they would like to see incorporated into the budget.
No one present came forward. Councilman Grant advised those present that there
would be a public hearing on proposed used of Revenue Sharing on August 8, 1977.
The mayor then closed the public hearing.
77-159
Consider adopting a resolution calling public hearing on Revenue Sharing. Council-
man Carter made motion, seconded by Councilman Grant to adopt a resolution calling
a public hearing on the proposed use of Revenue Sharing Funds for the fiscal year
1977-78 for August 8, 1977. Motion carried 5-0 with the mayor showing his approval.
77-160
Citizens Appearance:
A. Mrs. Edwards. Mrs. Edwards deferred her questions to later in the agenda.
B. Mr. Harrington. Mr. Harrington appeared and discussed qualifications of
councilmembers.
77-161
Consider adopting a resolution proclaiming Thursday, August 11, 1977 as Ranger
Baseball Community Night for the City of Coppell.
Councilman Steadman made motion, seconded by Mayor Pro Tem BAker, to adopt a
resolution proclaiming Thursday, August 11, 1977 as Ranger Baseball Community
Night for the City of Coppell. Motion carried 5-0 with the mayor showing his
approval.
77-162
Discuss and consider comments regarding the excavation of sand near DeForest
Road. Mrs. Edwards, a resident of Coppell came forward to discuss the excavation
of sand on the J. Driscoll and Cicero Long properties, after City Administrator
Campbell stated that the council had asked that this item be placed on the agenda
for citizen input and to try to determine if this mining operation is in violation
of the City Zoning Ordinance, to determine what problems might be caused by the
truck traffic and mining of sand and damage to roeds and etc. Mrs. Edwards felt
that this operation is in violation of this ordinance and asked that something be
done. Councilman Grant observed that there was another mining operation on Allen
Road which had been in existance for a number of years and that this was causing
some of the dust problem also. City Administrator Campbell answered Mrs. Edwards
that the concern of council was if indeed the mining operation was in violation
of the ordinance or if it is a legal non-conforming use under the zoning ordinance.
He stated that the reason the question is not answered is that there is a fairly
clear definition of what constitutues a non-conforming use and that in the
ordinance adopted in January 1969 that if there is a business not allowed in single
family zoning district was operational before the ordinance was passed, when the
ordinance went into effect it became a non-conforming use and could stay there.
If it ceased operation as a business under non-conforming use, it would lose that
status and could not stay. The questions not answered is whether the operation
stopped after the ordinance was passed for a sufficient length of time to lose
its status or did it not do that. The citizens input will help council determine
what it needs to do about this and if they or the citizens should pursue it.
Councilman Brock asked Mayor Burns if he had done anything about finding his
records on the mining operation and Mayor Burns answered that since this might
involve litigation he would not answer that question. Mrs. Jane Grant, wife of
Councilman Grant, a resident of this community, stated that the property had
been dug on before 1972 with a dragline. The City Attorney Jackson was asked to
define mining and he stated that this was digging and mining sand and gravel
whether it is sold or given away. Mr. Warren Lyon, Attorney for Mrs. Long was
present and asked several questions in this regard. Councilman Carter stated
that council needs to determine whether this operation is legal'or illegal and
within the limits of healt or hazard of the citizens. Mrs. L.A. Wiley, a resident
of Coppell, asked about what this mining might do if there was flooding and
stated that the lower the land, the more flooding there might be. No decision
in this matter was made at this time.
77-163
Consider adoption of ordinance establishing rates for natural gas. Mr. Don Huff
of Lone Star Gas was present to answer any questions. Councilman Carter stated
he was against a minimum bill due to its effect on citizens with fixed incomes
but would approve the re-connection charge. Mayor Pro Tem Baker made motion to
adopt the ordinance establishing rates for natural gas as written. This motion
died for lack of a second. Councilman Carter made motion to adopt this ordinance
minus the minimum billing of $3.00 per month. Councilman Brock seconded and
motion carried 4-1 with Mayor Pro Tem Baker voting no and the mayor neither
showing approval or disapproval.
77-164
Other Old Business
A. Report on MUD. No report on the MUD. Mayor advised no report from Ray
Hutchison.
77-165
Other New Business
A. Discuss budget work session. After some discussion, it was decided that
the budget work session would be held at 12:00 noon on the 18th day of July,
1977.
B. City Administrator Campbell advised that the Committee for Fair Water
Rates had voted to get Mr. Frank Booth to draft proposed rules for the Texas
Water Quality Board to use to determine fair water rates. He advised that the
City of Dallas had postponed increasing water rates until the last of July.
77-166
Consider approval of bills. City Administrator Campbell asked council to approve
a bill for $4,910.87 to the contractor who repaired the lift station in the MUD
in the event the MUD Board could not get a quorum as the contractor needed to
pay his bills and the city would be reimbursed by the MUD, as per city and MUD
contract. Councilman Steadman made motion to'pay the bills with this invoice,
and motion was seconded by Councilman Grant and motion carried 5-0 with the mayor
showing his approval.
77-167
Executive Session (Closed to the public)
A. Article 6252-17, Section 2 (g) discussion concerning personnel.
77-168
Council went back into open session and Councilman Carter made motion to accept
the resignation of City Administrator Campbell, effective August 31, 1977.
Motion was seconded by Mayor Pro Tem Baker and motion carried 5-0 with the mayor
showing his approval.
Councilman Carter made motion, seconded by Mayor Pro Tem Baker to get a legal
opinion on the mining operation presently being operated by Mayor John Burns.
Motion carried 5-0 with the mayor showing his approval.
Meeting then adjourned.
John R. Burns, Mayor
ATTEST:
Margaret V. Johnson, City Secretary