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2004-05-18 - ~. I. I I I I I I I I. I I I I I I ~. I I CITY OF SOUTBLAKE OffICIAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: MAY 18. 2004 LOCATION: 1400 Main Street, Southlake,-Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tem W. Ralph Evans, Deputy Mayor Pro Tem Rex Potter, and Councilmembers Carolyn Morris (arrived at 6:05 p.m.), Keith Shankland, Greg Standerfer, and Tom Stephen (arrived at 5:50 p.m.). CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, City Manager's Office Administrative Secretary Diana Smith, Assistant to the City Manager John Eaglen, Library Administrator Kerry McGeath, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Director of Planning Bruce Payne, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Chief of Fire Services Robert Finn, Chief of Police Marlin Price, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Public Works Supervisor Jimmy Funderburg, Public Works Supervisor Mike Ishmael, Deputy City Secretary Tara Brooks, City Attorney Debra Drayovitch, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:34 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8B, lOA, lOB, IOC, IOD, and 10E were added to the consent agenda. The work session ended at 6:04 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular session was called to order by Mayor Wambsganss at 6:04 p.m. Agenda Item No. 2A. Executive Session: Mayor Wambsganss announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; Section 551.073, deliberation regarding prospective gift; Section 551.074, deliberation regarding personnel matters; Section 551.076, deliberation regarding security devices; Section 551.087, deliberation regarding economic development negotiations; REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004 Page 1 of7 I. I. I I I I I 'I I I. I I I I I I I. I I Section 418.183(f) Texas Disaster Act; and Section 418.106(d) & (e), local meetings to discuss emergency management plans regarding pipeline safety. City Council adjourned for Executive Session at 6:04 p.m. Executive Session began at 6:22 p.m. and ended at 7:00 p.m. Agenda Item No. 28. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:04 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. Motion was made to approve and authorize the City Manager to enter into the settlement agreements as discussed in executive session with Douglas and Virginia Caston and Sutton & Associates, L.P. Motion: Standerfer Second: Potter Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 Agenda Item No.3. Invocation: The invocation was given by Todd Renner of White's Chapel United Methodist Church. Mayor Wambsganss led the audience in the Pledge of Allegiance. Agenda Item No. 4A. Mayor's Report: Mayor Wambsganss announced upcoming meetings and events. The Mayor presented a proclamation for Public Works Week to Director Farahnak, Deputy Director Thomas, and Supervisors Funderburg and Ishmael. Agenda Item No. 4B. City Manager's Reoort: City Manager Campbell commented on the notice that was mailed to residents in their recent water bills regarding a utility billing software update. He also announced that as of today, May 18, the City took over the former AquaSource water system on the north side of town. City Manager Campbell also announced that Standard & Poors upgraded the City from a AA- to a solid AA credit rating. Agenda Item No. 4C. Financial Reoort: A written report was given to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 5A. Approve minutes for the May 4. 2004. regular City Council meeting. Council approved the minutes as presented. Agenda Item No. 5B. Resolution No. 04-031. Authorization of apl'lication for a Texas Parks and Wildlife (TPWD) Recreational Fund Grant for Bob Jones Park trails. Senior Parks Planner Carpenter presented this item to Council during the work session. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as . follows: REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004 Page 2 of7 I. I . I I I I I I I 10 I I I I I I I. I I A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSffiLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS THE "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS RECREATIONAL TRAILS GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM;" CERTIFYING THAT THE "APPLICANT" IS ELIGffiLE TO RECENE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. Agenda Item No. 8B. Ordinance No. 480-438. 1 st Reading (ZA04-022) Zoning Change for 880 South Carroll Avenue. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #9E. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. lOA. Apjlrove a lease agreement for grazing on undeveloped prooertv in Bicentennial Park. Deputy Director Polasek presented this item to Council during the work session. Mayor Pro Tem Evans recused himself for this item and was not present during the discussion. Agenda Item No. lOB. Consider SP04-082. Variance to Sign Ordinance No. 704- B. Southlake Woods Subdivision. located at 1080 South Peytonville Avenue on the northwest comer of South Pevtonville Avenue and Stoneburv Drive. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. 10C. Consider SP04-088. Variance to Sign Ordinance No. 704- B. Bassett Furniture Direct. located at 2951 East State Highway 114. Senior Planner Killough presented this item to Council during the work session. Agenda Item No. 10D. Accent donation from Art In The Square. Senior Parks Planner Carpenter presented this item to Council during the work session. Agenda Item No. lOR Accept donation from Debbie Bavnard. Senior Parks Planner Carpenter presented this item to Council during the work session. Motion was made to approve Items No. 5A, 5B, 8B, lOA, lOB requiring the sign to be removed the earlier of the selling of the last lot or until six months, IOC, IOD, and IOE. Motion: Standerfer Second: Potter Items No. 5A, 5B, 8B, lOB requiring the sign to be removed the earlier of the selling of the last lot or until six months, IOC, 10D, and 10E: REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004 Page 3 of7 I. I. I I I I I I I I- I I I I I I ~. ,I I Ayes: Nays: Approved: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss None 7-0 Item No. lOA: Ayes: Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Abstains: Evans Approved: 6-0-1 REGULAR AGENDA Agenda Item No.6. Public Forum. David Boyer, 4515 South Pinemont, Suite 216, Houston, Texas, spoke to Council regarding new regulations on clothing donation boxes in Southlake. Hal Sauls, 115 Meadow Run, Coppell, Texas, spoke to Council regarding a traffic stop on November 20, 2003.' Agenda Item No. 7A. Ordinance No. 480-437. 2nd Reading (ZA03-096) Zoning Change with Development Plan for Estes Park. Phase II. generally located along the north side of the 700 to 900 blocks of Primrose Lane. the west side of the 2100 block of North Carroll Avenue and the south side of the 800 block of East Dove Street. Current Zoning: AG Agricultural District and R-PUD Residential Planned Unit Development. Requested Zoning: R-PUD Residential Planned Unit Develooment. SPIN Neighborhood #5. Senior Planner Killough presented this item to Council. Applicants Kosse Maykus with Hat Creek Development Company, 722 Edward Court, Southlake, Texas, and Paul Spain with Terra Land Development Company, 395 West Southlake Parkway, Suite 300, Southlake, Texas, answered Council's questions. No one spoke during the public hearing. The Mayor read comment cards from people who did not wish to speak but wanted to record their support: Louis and Leslie Morris, 1030 Primrose, Southlake, Texas; Christine Beyne, 1086 Primrose Lane, Southlake, Texas; Robert and Margie Morganstean, 356 Harvey Street, DeLeon, Texas; G.B. and Kathy Mariner, 820 Primrose Lane, Southlake, Texas; and, A.S. Hosea, 845 East Dove Road, in support. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSNE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 57.36 ACRES OF REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004 Page 4 of7 I. I. I I I I I I I 10 I I 1 I I I ~. I I LAND SITUATED IN THE A. CHNERS SURVEY, ABSTRACT NO. 299, DESCRIBED AS TRACTS 1A1B, iA1D, 1A1E, 1A1E1, 1B, 2A, 2A1, 2A2, 2C1 AND 2C3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICTi SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATNE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTNE DATE. Motion was made to approve Ordinance No. 480-437, 2nd Reading (ZA03-096) Zoning Change with Development Plan for Estes Park, Phase II, as submitted on 2nd Reading with the exception of placing a minimum of 1,800 S.F. house size on Lot 1, Block 11. Motion: Standerfer Second: Shankland Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7B. ZA03-097. Preliminary Plat for Estes Park. Phase II. on property generallv located along the north side of the 700 to 900 blocks of Primrose Lane. the west side of the 2100 block of North Carroll Avenue and the south side of the 800 block of East Dove Street. Current Zonin2: AG Agricultural District and R-PUD Residential Planned Unit Develooment District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neiimborhood #5. Senior Planner Killough presented this item to Council in conjunction with Agenda Item 7 A. Motion was made to approve ZA03-097, Preliminary Plat for Estes Park, Phase II, subject to Plat Review Summary No.4, dated May 12, 2004. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Wambsganss Nays: None Approved: 6-0 (Councilmember Stephen was out of the room) Agenda Item No. 7C. Resolution No. 04-018 (ZA03-091) Soecific Use Permit for Southlake Boardin2 Facility on property located at the northeast comer of East Continental Boulevard and Crooked Lane. Current Zoning: 1-1 Light Industrial District. SPIN Neighborhood #7. This item was withdrawn by the applicant on May 10,2004. REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004 Page 5 of7 I. I. I I I I I I I 10 I I I I I I ~. I I Ae:enda Item No. 7D. Ordinance No. 864. Ap1>roving and authorizing the issuance of General Obligation Refundin2 Bonds. Series 2004. Director Elam presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF SOUTHLAKE, TEXAS, GENERAL OBLIGATION REFUNDING. BONDS, SERIES 2004; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT, AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT AND A SPECIAL ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 864, Approving and authorizing the issuance of General Obligation Refunding Bonds, Series 2004. Motion: Standerfer Second: Potter Ayes: Evans, Monis, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8A. Ordinance No. 480-436. 1 st Readinll (ZA04-006) ZOninll Chanlle and Site Plan for Tamer Office Building described as Lot 1. Block 4. Timarron Phase One. Section Two. Bent Creek. located at 175 East Continental Boulevard. Current Zoning: R-PUD Residential Planned Unit Development District. Requested Zoninll: S-P- 1 Detailed Site Plan District. SPIN Neildtborhood #9W. Senior Planner Killough presented this item to Council. Applicant Michael Tamer, 1319 Eagle Bend Drive, Southlake, Texas, made a presentation and answered Council's questions.a Mayor Wambsganss allowed the audience to speak. No one spoke. Motion was made to approve Ordinance No. 480-436, 1 st Reading (ZA04-006) as approved by the Planning and Zoning Commission meeting. Motion: Standerfer Second: Shankland Ayes: Evans, Monis, Potter, Shankland, Standerfer, Stephen, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004 Page 60f7 I. I. I I I I I I I I. I I I I I I I. ,I I Agenda Item No. 10F. ZA04-031. Consider variance to the Driveway Ordinance No. 634 on proDerty located at the southeast intersection of East Continental Boulevard and South Kimball Avenue. Senior Planner Killough presented this item to Council. Applicant Tom Mathews answered Council's questions. Motion was made to approve ZA04-031, Variance to Driveway Ordinance No. 634 on property located at the southeast intersection of East Continental Boulevard and South Kimball Avenue. Motion: Standerfer Second: Evans Ayes: Evans, Morris, Potter, Shankland, Standerfer, Stephen, Warnbsganss Nays: None Approved: 7-0 Agenda Item No. 12. Meeting adjourned. Mayor Warnbsganss adjourned the meeting at 8:13 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ~-= kdy Warn ganss Mayor ATTEST: ""'11'''"" ,........, oU TH~~',,, ...,..!< ~ ........~.A.,~ 10..- ....'.:- '- ~~... * ..""'~~ :...: , : --. : - :0, : = ': ~ /0e .. . .. \ .... ..- I " ......... ~ " ~.. "'1 *** ,...... """"""",,, rltw-O() 0 ~ Lori A. Farwell, TRMC City Secretary REGULAR CITY COUNCIL MEETING MINUTES, MAY 18, 2004 Page 70f7 Vecei\eS -r li:: vi a t ( � N ncA' l rviee METROPLEX COMMUNITY SERV 705 Directors Drive . Arlington TX 76011 Phone 817 265 -4900 . Fax 817 608 -0885 www.metrocharity.org - A Non - Profit Organization - A WORD ABOUT US For nearly thirty years, the people at Metroplex Community Services have been successfully providing clothing, food and support services to thousands of people in need, in the State of Texas. In early 2002, we began to extend our experience and integrity into the communities of the Greater Dallas /Ft Worth area to provide much needed services to local residents. Our existence as a relief agency relies solely on our ability to involve city councils and zoning officials, business owners, property managers and citizens with vision. We are extremely proud of maintaining the highest operational standards in this genre of non - profit organizations and are always open to your input on ways to improve. It is our goal to work together with you to ensure that your needs are met, in the process of us serving the community. OUR STANDARDS Unlike many other charitable organizations who rely on volunteers, Metroplex Distributing uses a full -time, professional staff of paid employees who are charged with the responsibility of maintaining our high standards of quality service. Because we recognize that citizens of the community, our sponsors and property management firms have the exclusive right to judge our performance, we will remain uncompromisingly committed to maintaining our collection standards in a consistent, responsible and professional manner, at all times. Please consider the following operational standards we use, designed to ensure that properties are maintained at highest level: WE WILL - Check every donation box, at a minimum of five days per week, 52 weeks per year. - Consistently maintain the structural and visual integrity of each donation box. - Maintain liability insurance for each donation box at a minimum level of $2,000,000. - Keep each donation box area clean and free from all debris, trash or any other items that may impair the visual appeal of the general area. - Promptly respond to your concerns, as we view your continued support as our top operational priority. - Provide any necessary permits. - Relocate or remove any donation box within 24 hours, for any reason. OUR PHILOSOPHY We believe that this great country in which we live, has plentiful resources to help those in need. And given these resources, no man, woman or child should go hungry or suffer from extreme financial hardships due to circumstances beyond their control. We believe that we will continue to be an effective agency at the local level as we contribute to a greater quality of life, for virtually everyone in our communities. As a community services agency, our doors remain open to people from every culture, religion and background. We believe that no human being should be turned away from having basic needs met. OUR PROGRAMS We are focused on providing these services within the Greater Dallas /Ft Worth area: - Clothing and food for families and individuals in need. We distribute through local churches and directly to individuals, food and clothing based on need. Very often a pastor or religious leader in a church will identify families that are experiencing economic difficulty and come to us for help. Also individuals call on us every day for help and we consistently meet the challenge of providing these people with necessary relief. Food and clothing are delivered directly to those requesting our help. - Temporary relief from loss of income or other hardships. Although Metroplex Community Services rarely provides cash to recipients, we often can delay utility service from being interrupted, for example, or provide other vital services by referring people to other social agencies that can intervene on behalf of the client. - Disaster relief from floods, tornados and other natural disasters. Natural disasters can and do occur at anytime, without warning, leaving potentially many families without food, water, clothing and shelter. Our list of volunteers is constantly growing with people that are willing to help when disaster strikes. These unfortunate events not only require donated products, but also people that are willing to generously give their time. - Educational initiatives to help people become self- sufficient. Through the use of volunteers, we sponsor health and nutrition events as well as literacy programs. It is our goal to help families become stronger through education, thereby creating people that have better marketable skills, enabling them to better help themselves in this sometimes difficult world. - Help for the elderly and children. We actively seek volunteers that are able to provide transportation services for the elderly along with helping to maintain homes for our aged. The elderly are often left to themselves with little or no resources and need our help. Also we are active in providing a toy drive for children at Christmas time, through the help of our sponsors and volunteers. HOW WE ARE FUNDED Although we receive some funding through private individuals, most of our funding is derived through the donation of clothing. In Dallas /Ft Worth, we have over 200 clothing donation boxes placed throughout the area. These clothes are collected and distributed to those in need. We also ship some of these clothes to third world countries in Central and South America, which provides us with funding for our local programs here, while helping indigent families who would not otherwise have an opportunity to provide their families with clothing. RESPONSIBLE ADMINISTRATION In 2001, non - profit organizations received over 29 billion dollars in donations. We are aware of many charities that are doing great work in our communities and across the country. One of the major differences between Metroplex Community Services and others is that our programs are acutely focused at the local level, which means we are creating an immediate positive impact in our neighborhoods and cities. The questions for many donors are, "where does my donation go? How does it affect me directly? How much of my dollar is being spent directly on the programs I am donating to "? Our actual operating and administration expenses are very low; as we understand that charitable giving demands responsible fiscal management by the receiving charity. In fact, over 80% of the revenue generated by Metroplex Community Services, goes directly to our programs and services — in our community! It is our goal to create and maintain professional and ongoing relationships with city officials, business owners and property management companies. Together we can find mutually beneficial solutions and make a positive difference in our communities. We thank you for your consideration and look forward to working with you. Metroplex Community Services is registered with the Internal Revenue Service as a 501(c)(3) non - profit organization 6t-t Mal B ) c? , eicol-tc CITY OF SOUTHLAKE, TEXAS PROPOSED AMENDMENT TO ZONING ORDINANCE Requested by: ATRS Corporation 4515 South Pinemont, Suite 216 Houston, TX 77041 (713) 939 -9308 David Boyer Vice President, Business Affairs (512) 825 -2690 direct phone on behalf of Metroplex Community Services 705 Directors Drive Arlington, TX 76011 817 265 -4900 phone 817 608 -0885 fax Purpose and Intent In the spirit of enhancing quality of life in the City of Southlake, Metroplex Community Services hereby respectfully submits this proposal to amend the existing zoning restrictions, regarding the placement of Clothing Donation Containers. It is important to note that this request is congruent with the city's goals and specifically, by allowing us to place our Clothing Donation Containers it is in fact an excellent use of commercial districts, while speaking volumes about the city's benevolence and concern for its citizens and those of neighboring communities. Our containers blend in nicely with buildings in these districts and also provide the people of Southlake a convenient place to contribute their used clothing. In so doing, we are able to help those in need along with maintaining social and environmental consciousness. It is our intent to make the City of Southlake and the entire Greater Dallas /Fort Worth area, a better and safer place in which to work and live. This is certainly one of many instances where your foresight will have far - reaching and positive effects on our community. Guidelines for Permitting Placement of Clothing Donation Containers 1. Clothing Donation Containers A. Definition: Any structure or container which has four walls, a roof and a floor, not to exceed the dimensions of six feet, one inch (6'-1") in width or in depth, nor shall exceed seven feet (7') in height, which is used for the donation of clothing. Said structure or container shall be of adequate weight to withstand typical weather conditions as to not be moved within a parking lot by wind. The structure or container must be built substantially enough, as to not pose any public threat, and be painted or finished in a way that is visually coherent and conducive to its environment. 2. Conditions A. The organization benefiting from the Clothing Donation Container must be registered and operating in the State of Texas as a non - profit (501c3) corporation. B. The organization must have written authorization from the business owner, on whose property the Clothing Donation Container will be placed. C. The organization (or servicing company) shall employ a staff of full -time, paid drivers, to collect the contents of the Clothing Donation Container. D. The Clothing Donation Container must have its contents removed, minimally five days per week, 52 weeks per year. E. The visual and structural integrity must be maintained continuously. F. More than three (3) complaints from citizens, in a one (1) month period, regarding a specific Clothing Donation Container, will result in the permit being revoked. The complaints must be validated as being legitimate, from the City of Southlake, Zoning Enforcement Division. G. The placement of a Clothing Donation Container shall not impede traffic nor visually impair any motor vehicle operation from a public street. H. All signage on each Clothing Donation Container shalt be in compliance with zoning requirements pursuant to Southlake City Ordinances. I. The organization must maintain general liability insurance for each Clothing Donation Container, at a minimum level of two million dollars ($2,000,000.00), holding the city and the business owner harmless. 3. Application A. The organization must apply for a permit, and submit a fee not to exceed $25.00 for each Clothing Donation Container. B. Provided that the above written conditions are met, each permit shall be valid for a period of twelve (12) months from the date first issued. C. Each application must include a diagram of the proposed location, within the business's parking lot or property. The location must be approved by a city Zoning Official or designee. 4. Permitted Zoning A. Provided the aforementioned conditions are met and a permit is issued, Clothing Donation Containers may be placed in the following zoning districts: (intentionally omitted). t ce wed H E�(s n b, ri e-h HAL SAULS 972 462 1400 115 MEADOW RUN COPPELL, TEXAS INVOICE DEMAND FOR PAYMENT TO: CITY OF SOUTHLAKE DATE: 5/18/2004 SOUTHLAKE TEXAS DATE DESCRIPTION CHARGES CREDITS BALANCE thru ATTORNEY'S TO DATE $35,000.00 $35,000.00 18 -May 26 -Jun TAXI FOR PASSENGERS $50.00 $35,050.00 MILEAGE FOR DETOUR OF CITY TO DATE (1040 MILES .38) $395.20 $35,445.20 MILEAGE FOR FUTURE DETOURS 41,600 MILES © .38 $15,808.00 $51,253.20 PUNITIVE DAMAGES 1,000.00 PER CONSTITUENT (2000 CENSUS) $2,519,000.00 $2,570,253.20'' PLEASE PAY LAST AMOUNT IN THANK YOU, FEEL FREE TO CALL US ANYTIME THIS COLUMN SOUTF LAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT The following is an account of the happenings involving Hal Sauls (Tx07520003) age 65, an Architect, Real Estate Broker, and Builder and Linda Sauls (Tx05616714) age 56, a retired schoolteacher with 33 years of service, residing at 115 Meadow Run Coppell, Texas 75019 and the Police Department of Southlake, Texas on Thursday, November 20, 2003 and Friday, November 21, 2003 in the city of Southlake, Texas. I (Hal Sauls) was driving westbound on Southlake Blvd. November 20, 2003, on a Thursday, at approximately 9:00 A.M. with four construction workers (Sergio Castaneda, Fermin Saucedo, Pedro Nunes, and Mondo, last name not known) all of Lewisville, Texas headed toward my property just beyond the intersection of Southlake Blvd. and Davis Blvd. in the city of Keller. My truck, a 2001 Ford F -150 Super Crew, golden tan in color, was loaded down 1 with construction tools- including a wheelbarrow sticking up in the bed of the truck. I was wearing old khaki pants, a short- sleeved shirt, a gray - hooded sweatshirt, white socks, and old loafers. It was a clear, bright, shiny morning with the sun at my back. The sun was glinting off the chrome and rear windows of the vehicles in front of me. I was approximately 15 in the line of some twenty vehicles that were westbound. I considered this moderate traffic. The eastbound traffic was some 200 to 300 vehicles bumper to bumper, which I considered heavy. By signature below I swear that this statement is true, correct, and complete to the best of my knowledge. S' •04 T'30AM Signature of person giving statement Date Time Page ( of I SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT About half of them had their headlights on, and as others passed them, it gave an appearance of blinking white lights. My speed was approximately 45 to 50 miles an hour as I was following the speed of the traffic in front of me. We were in the inside or median lane of two lanes eastbound and two lanes westbound with approximately 15 feet of entirely paved median or left turn lane (both directions). There was a gap of 5 or 6 car lengths between me and the car I was following. I noticed a motorcycle police officer in the median parked 90 degrees to the traffic with his rear on the south side of the median and his headlights in a north - westerly or northern direction. For reference I will label this officer as Officer No. 1. I first noticed the officer from about 1 '/2 to 2 blocks away. It did not concern me because I have seen them do the same thing before in checking out valid windshield license stickers. Since I had nothing to worry about, I did not give it much thought. I first started daily traveling in the Southlake, Davis Blvd. corridor about 4 months ago. As the frontal gap between me and the car in front of me came in front of the Officer, the Officer raised up and straightened out his handlebars and lurched forward about 1 to 2 feet. I immediately hit my brakes, and without looking to my right, I swerved to the right. I knew that hitting a car to the right would By signature below I swear that this statement is true, correct, and complete to the best of my knowledge. 5• /S • P' 9 :3o AM Signature of per on giving statement Date Time Page 2. of 1/ SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT cause less damage than hitting someone who had no protection at all, let alone a police officer. After my evasive action, I noticed that the Officer had his emergency lights on. At no time prior to this did I see any emergency lights on. He did not at that time or any other time have his siren on. After passing the Officer, I watched him in my rearview mirror, cursing him for the accident he almost caused. He pulled in behind the larger vehicle (van truck) behind me with his emergency lights on. He passed the truck and got in behind me. I went through the busy intersection we had approached and pulled over to the right shoulder (a wide, entirely paved shoulder). As I recall it had a 6" high concrete curb. After reaching over to my glovebox to get my insurance certification card, I got out of my vehicle and walked back toward the Police and calmly asked him, "Why in the hell did you pull me over ?" He replied, "I pulled you l over for failing to yield to an emergency vehicle. May I see your driver's license and proof of insurance ?" While I was handing him the documents (which were never returned to me) I said, "What do you mean? You lurched out in front of me and almost caused an accident." He said, "I had my emergency lights on." I said, "I did not see any lights on." He said, "The vehicles in front of you yielded." I said, "I did not see any such thing." He said, "The reason I lurched out in front of you was to make you yield to me." Of course, part of the time I was taking evasive action. I said, "Then why didn't you get in behind them ?" (NOTE: The Officer wrote on the ticket that he was By signature below I swear that this statement is true, correct, and complete to the best of my knowledge C iA411/ .5•/B• 004 g.'30 �4 M Signature of person giving statement Date Time Page 3 of C i SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT parked parallel and facing me, with five witnesses who saw different.) During this part of the arrest I was trying to remain calm. He then walked back to his saddlebags to take out his citation pad. When he started writing, I became very upset. I realized at that time that I had been trapped. Clearly, the police officer had waited for the gap in the vehicles before turning on his emergency lights. He never did point his emergency lights in my direction. When I asked him about this he said, "Didn't you see my white strobe lights ?" as he pointed to a small light mounted to the side of the fork of his front wheel assembly. I said, "No, I can hardly see them from here." I was standing within 6 feet of his motorcycle. I told him he should get a job that he could handle because he sure as hell could not handle this one. I said, "You people think you can do anything you want out here to the traveling public." I said that they have their own little private Southlake Blvd. gauntlet to harass the traveling public. I said, "You dumb son of bitch, you are going to get yourself killed or get some of the traveling public killed with your stupid antics." The officer did write the ticket. He never showed the ticket to me, and never asked me to sign it. When I finally saw the ticket on the 21 I noticed that on the line where I was supposed to have signed, the Officer had written- uncooperative. He also wrote on the ticket that I said I wished he was dead, which is not what they later charged me with. They later claimed that I threatened their By signature below I swear that this statement is true, correct, and complete to the best of my knowled e. 5.19.04 g:30AM Signature of person giving statement Date Time Page 4 of 11 SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT lives and others. Officer #1 called for backup. Two more officers ( #2 & #4) came on motorcycles, and one ( #3) in a patrol car. Officer #4 shoved his face about 3 inches from mine and said, "What is your problem ?" I told them that they were storm troopers. I likened them to the Gestapo. I called the Officer stupid, dumb, and a jerk. One of the Officers, #2 or #4, went over to my truck to see who or what was going to be an eyewitness to this event. After checking I.D.s and finding out that the Mexican workers spoke English, they had no other words for them. I had tightness in my chest, difficulty in standing, and dizziness. I have been prone to having dizziness over the past year and a half. I have been hospitalized for this. At the scene I said, "You might as well just put a bullet in my head." Officer #2 said, "What did you say? You're going to put a bullet in my head ?" I said, "I did not say that." I said that they would not know justice or honor if it bit them in the ass. At this time Officer #2 said that's it, turn around, which I did, and he handcuffed me. The Officers got halfway between my pickup and the patrol vehicle convoy. They were talking quietly to each other. I heard one of them say, "I heard him say..." I noticed that the officer with the dark moustache was whispering to the other officer and looking up something in a pamphlet. I knew that they were conspiring to charge me with unknown charges. These same two officers, I believe, are the ones who filed the retaliation charges - not the police officer who pulled me over. I don't understand why the one By signature below I swear that this statement is true, correct, and complete to the best of my knowledge. C AAP-4 S•/g• Rio Signature of person giving statement Date Time Page S of I SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT that pulled me over was not part of the booking clique. I refused to answer any inquiries. I was asked if I wanted an ambulance. I declined. I was asked again. I was hesitant. I was asked if I wanted to go to the hospital. An ambulance came, and I declined. At no time did I threaten the police or have intent to threaten the police. Nobody's life except mine was ever in danger. Officer 1 (1 motorcycle) and Officer 3 (driving the police car), I believe, were not a part of the conspiracy. Officers 2 and 4 did conspire to deprive me of my civil rights. These police officers are guilty of retaliation in the manner of handing the case. I thanked Officer #4 for not throwing me to the ground and ramming my face in the dirt and /or gravel. I expected that kind of treatment from the officers at the scene. My hands were put behind my back and handcuffed. I told them that this was false arrest. I said, "You dumb sons of bitches and the city of Southlake have to push this case to the limits to justify the false arrest." I asked the officers if I could get out my wallet to give my construction workers money for a taxi. They were about 20 miles from home. The police told me that they would not unhandcuff me. The police did let Sergio, one of my construction workers, take my wallet out of my pocket. I directed him to take $50.00 out for taxi money. Sergio then replaced the wallet with my permission. This was recorded on the police car camera. By signature below I swear that this statement is true, correct, and complete to the best of my knowledge S• (45 9:30 Signature of person giving statement Date Time Page 40 of 11 SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT When I arrived at the jail I asked the officer that drove the police car, "Is this where you beat the hell out of me ?" I told them that this was false arrest. My handcuffs were taken off, and I was put in a 3x7' cell in front of the booking window. It contained a lucite window that slid to my right. It also had a small trap door on the bottom part. There was steel on the bottom of the window. I identified myself to the fullest. I didn't want to give information that could be used against me in a court of law or in retaliation. I refused to give my Social Security # and my telephone #. I didn't see the value of these to them. I gave them everything on my driver's license. I gave them what they needed to identify me, and who to communicate with in case of an emergency. When I asked to get a phone call so that my wife would know where I was, I was denied this until I gave them all the information that they wanted to get from me. I believe that they used this information to set the bail high if my credit rating was high, or to see if I would be financially able to fight back. This is a gross violation of my civil rights. It asks me to testify against myself. As I was booked I was told that my wife was in the lobby. I told them they were liars as my wife didn't know where I was. I told them that I wouldn't trust them as far as I could throw the jail. I asked them, "Are you going to let me see my wife ?" They said, "She left. Oh, we told her you didn't want By signature below I swear that this statement is true, correct, and complete to the best of my knowledge Signature of person giving statement Date Time Page 7 of • • SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT to see her." I said sarcastically, "Yeah, right." The police extorted my Social Security # from me before allowing me to make a phone call. I had to try the call to my wife many times because the phone would not work. I did not understand why, but later found out that the phone only works for residents. I was also fingerprinted. Notice was given both on the doors going into the booking room about the use of surveillance -audio and video- in all parts of the jail, including the cells. I saw charges on the wall. I asked what retaliation was. I asked if they could read it to me. They told me to have my attorney explain it to me. "The Grand Jury will tell you." They then tortured me. There is something inherently wrong when a 65 year -old man has to beg for his life just to keep warm. I have a chronic history of pneumonia. I was put in Cell C which was frigid, evidently kept that way. I heard them say, "Put him in C." The two officers, 2 & 4 at the scene, conspired in the booking room to be sure that I was put there. The bald- headed booking officer had a controlled and a pleasant demeanor. The lady dispatcher was abusive in tone and did extort from me facts they (the police) had no right to have, and threatening in demeanor (think high school female bully). She was not caring in terms of the needs of the prisoners. She would either ignore or threaten. When I asked for an aspirin after I By signature below I swear that this statement is true, correct, and complete to the best of my knowledge. r t4 k" 6•08.04 9 : 3o iPt Signature of person giving statement Date Time Page 8 of 11 SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT accidentally hit my head on the wall and had a severe headache, I was denied the aspirin for many hours. This bump happened sometime in the early afternoon. A paramedic did come at some point. He said he attributed my dizziness and other health issues to acid reflux. Late that night when the shift changed, the corporal/sargeant that was in charge, gave me Tylenol. In this cold cell, one blanket was not enough. I was given another one. I asked for a 3r blanket, and was told no. The night officer put me in Cell B. I found that the temperature was around 70 or maybe 65. It was very tolerable, but claustrophobic. My shoes and hooded jacket were taken away. I had no pillow. On Friday morning, 11- 21 -03, I was bailed out of jail by my wife for $5000.00 cash. The universal receipt #15967 was prepared by #364. It was cash bond. On the receipt were the words obstruct /retaliation. The judge set the bail on Friday, the day after I was arrested. My bail could have been set in an expeditious manner on Thursday, the day that I was arrested and booked. The next day after I was bailed out of jail, I popped up unannounced at the jail seeking an internal investigation complaint form. A sargeant came out to see what I wanted. When I first asked for the form, the police officer asked, "Who are you going to file a complaint on ?" I responded, "I am not at liberty to say." He said to wait a minute. I was so traumatized that I couldn't stay in the building for fear of retaliation. I told him that I would By signature below I swear that this statement is true, correct, and complete to the best of my knowledge ;ft-e-al/ 5•f •04 9 Signature o person giving statement Date Time Page 9 of SOUTHLAKE POLICE DEPARTMENT ADMDVISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT wait outside. I had witnesses with me and waited where there was an open view to my person. It took about 10 minutes. He came out to the rear parking lot and handed me a blank document. It was a cool morning. I was wearing work pants and a short- sleeved shirt. I took my jacket off, and my cell phone out, and put my hands up so that I would not have any bulges under my clothing. I told him that I had no weapons, no motive, and that he could search me if he wanted. He didn't say a word, handed me the paper, and left. Approximately a week later, I was involved in a traffic accident on Southlake Boulevard in the city of Southlake. I was hit in the rear by a young man about 20 years old. He hit my same golden tan pickup truck while I was stopped on the median lane of eastbound 1709. After calling the police, it took about 3 -4 minutes before Officer V. Wakefield came (Case # #2003 - 13651). He said, "Mr. Sauls, how are you today? You seem to be in a better mood." We had a discussion. It was noncommittal. I said, "You weren't there on November 20` and 21S I don't want to discuss anything." He said, "I'll take care of the case at hand." I said, "I'd appreciate it." It took 3 more police units to handle this fender bender. It is obvious that the Southlake police have no qualms about taking an old man's life away from him by giving him what is tantamount to a death By signature below I swear that this statement is true, correct, and complete to the best of my knowledg 6'0 .o4 4/1 Signature of person giving statement Date Time Page (0 of f ( SOUTHLAKE POLICE DEPARTMENT ADMINISTRATIVE INTERNAL AFFAIRS INVESTIGATION STATEMENT sentence (to have to finish his life in prison). I don't want to live in a world where a Police State dictates these terms. My attorney is Mr. Peter M. Barrett of Moore Gunter & Barrett, 3500 Oak Lawn, Suite 700 Dallas, Texas 75219 214 - 748 -8871 i By signature below I swear that this statement is true, correct, and complete to the best of my knowled :e. ��.../ 5.18.04 q:301‘61, Signature of person giving statement Date Time Page 1 I of (