HomeMy WebLinkAbout04-09-90 PZ MinPUBLIC HEARING
TOWN OF WESTLAKE, TEXAS
A joint Public Hearing of the Planning & Zoning Commission of the
Town of Westlake and Board of Aldermen of the Town of Westlake
was held at 7:00 p.m., April 9th, 1990 at the Dudley Ranch in the
Town of Westlake, Texas. The following were present:
Scott Bradley, Chairman, Planning & Zoning
Ms. B. J. Minyard, Planning & Zoning
Randy Loftis, Planning & Zoning
Dalc White, Mayor
Howard Dudley, Mayor Pro Tem
Sherry Dudley, Alderman
Alvin Oien, Alderman
Jerry Moore, Alderman
Carroll Huntress, Alderman
Gerry White, Secretary
Paul C. Isham, Town Attorney
Sanford (Bud) Hauptmann, Town Engineer
Commissioner Scott Bradley called the meeting to order at 7:20 p.m.
The purpose of the Public Hearing was to consider rezoning property
within the town limits from "L" -Residential, Low Density; "H" -
Residential, High Density; "LR" -Local Retail; and "I" -Industrial
to "P" -Planned Office Park.
The Town's engineer, Mr. Bud Hauptmann displayed a map of the Town
showing the Town boundaries with the present zoning and areas to
be considered for rezoning. Commissioner Bradley called on those
attending the Public Hearing who wished to speak for or against
the proposed rezoning. After several people spoke, Mr. Bradley
read a letter from Mr. Rusty Trenary. (copy of the letter is attached
and made a part of these minutes.)
Mr. Bradley closed the Public Hearing at 7:55 p.m.
Approved:
Scott B alley, Chaian, Planning
and zoning Commissi n
Attest:
Ge y W4fte, Secretary
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PUBLIC MEETING OF THE
BOARD OF ALDERMEN
AND PLANNING AND ZONING MEMBERS
BE IT REMEMBERED that on the 9th f
A �4`11190, at 7:10 p.m., at the Dudley Ranch, 1650
W. Dove Road, Town of Westlake, Texas, County of
Tarrant, Charla A. Wheatley, a Certified Shorthand
Reporter in and for the State of Texas, reported the
following proceedings. COPY
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BEFOREOF THE BOARD • , ALDERMEN
PLANNING AND ZONING MEMBEVS:
SCOTT BRADLEY, Chairman, Planning & Zoning
Commission
PAUL ISHAM, Attorney, Town of Westlake
HOWARD DUDLEY, Alderman
JERRY M®DRE, Alderman
SHERRY DUDLEY, Alderman
RRY WHITE, Town Secretary
DALE WHITE, Mayor
RANDY LOFTUS, Planning & Zoning Member
E.J. MINYARD, Planning & Zoning Member
BUD HAUPTMANN, Town Engineer
ALVIN ALIEN, Alderman
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MR. BRADLEY: I think it's
about time to get started. And let me just remind you
that we have some little cards up here for you to fi;l
out if you would like to speak tonight for or against
or just make any comments. If you would, Mrs. White'
has plenty of the forms. We will need for you to fill
those out if you want to be heard.
My name is Scott Bradley, and I am the
chairman of the planning and zoning commission of the
Town of Westlake. This is a joint meeting of the
Planning and Zoning Commission and the Board of
Aldermen of the town for the purpose of conducting a
public hearing to receive any comments or any thoughts
that you may have with respect to the proposed
rezoning, a copy of which was sent to each of the
landowners within the town. If any of you need
further information about that, I'm sure ®® would you
have one that could be passed around?
MRS. WHITE: No, I didn'll
MR. BRADLEY: All right. I
think we do have a map here that the town engineer
will be showing us that will explain exactly what's
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MR. BRADLEY: I think it's
about time to get started. And let me just remind you
that we have some little cards up here for you to fi;l
out if you would like to speak tonight for or against
or just make any comments. If you would, Mrs. White'
has plenty of the forms. We will need for you to fill
those out if you want to be heard.
My name is Scott Bradley, and I am the
chairman of the planning and zoning commission of the
Town of Westlake. This is a joint meeting of the
Planning and Zoning Commission and the Board of
Aldermen of the town for the purpose of conducting a
public hearing to receive any comments or any thoughts
that you may have with respect to the proposed
rezoning, a copy of which was sent to each of the
landowners within the town. If any of you need
further information about that, I'm sure ®® would you
have one that could be passed around?
MRS. WHITE: No, I didn'll
MR. BRADLEY: All right. I
think we do have a map here that the town engineer
will be showing us that will explain exactly what's
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being proposed. To let you know the procedure, we
will be -- I will be calling out the names from these
cards that have been filled out. We will take
comments from each person who signed up. We want to'
make this a full and complete hearing. I would ask
that you, in terms of accommodating all the other
people who I'm sure will stay and hear your comments,
if you could make them as direct as possible, I think
it would help move things along, and I expect that you
will address it in that spirit.
I would like, first of all, to sort of let
you know who's here so you can sort of get an idea
when people talk as to who they are representing.
On the end here in the green shirt is Al
Olien who is a member of the Board of Aldermen and has
been since before I got here thirteen years ago.
Sitting on the table over here is Bud
Hauptmann who is the town's engineer. His company is
Metroplex Engineering. They office in Denton, Texas.
Mrs. B.J. Minyard in the red sweater. She's
• resident of Shelby Estates here in Westlake. She is
a member of the planning and zoning commission.
On my right is Randall Loftus who an
architect. He is also a resident of the Shelby
Estates and also a member of the planning and zoning
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being proposed. To let you know the procedure, we
will be -- I will be calling out the names from these
cards that have been filled out. We will take
comments from each person who signed up. We want to'
make this a full and complete hearing. I would ask
that you, in terms of accommodating all the other
people who I'm sure will stay and hear your comments,
if you could make them as direct as possible, I think
it would help move things along, and I expect that you
will address it in that spirit.
I would like, first of all, to sort of let
you know who's here so you can sort of get an idea
when people talk as to who they are representing.
On the end here in the green shirt is Al
Olien who is a member of the Board of Aldermen and has
been since before I got here thirteen years ago.
Sitting on the table over here is Bud
Hauptmann who is the town's engineer. His company is
Metroplex Engineering. They office in Denton, Texas.
Mrs. B.J. Minyard in the red sweater. She's
• resident of Shelby Estates here in Westlake. She is
a member of the planning and zoning commission.
On my right is Randall Loftus who an
architect. He is also a resident of the Shelby
Estates and also a member of the planning and zoning
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On my left is Mayor White, Mayor Dale White,
who is now retired. He was a I
pilot for many years for
Delta and has been mayor for how many years? He's in
training but one of these days he's going to
MAYOR WHITE: The short-term'
memory goes, you know. I think about ten.
MR. BRADLEY: Okay. And
on his left is Gerry White who is the town
J_03302�
On her left is Sherry Dudley, a long-time
resident. It's her home that you're in this evening.
SO we owe her thanks for her hospitality. And if you
don't mind, we'll get informal here for just a minute
and give her a hand if you don't mind.
(Applause from audience.)
MRS. DUDLEY: Sorry about the
seating arrangements here,
MAYOR WHITE: I was going to
say to everyone, Please have a seat.
R. BRADLEY: Sherry also is a
member of the Board of Aldermen.
On her left is Carroll Huntress who for many
year was with the Nelson Bunker Hunt folks. He
some of you may have read about him. He is the one
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is
of the founders of the International Football League.
And I think y'all start to play next year, right,
Carroll?
MR. HUNTRESS: That's right.'
MR. BRADLEY: Okay. And he
lives over on sort of the west end of Westlake.
Sort of hiding down behind him is Jerry Moore
another member of the Board of Aldermen. Jerry's a '
long-time resident. He lives down on Dove Road where
it turns and becomes Ottinger Road.
Howard Dudley is sort of hiding down back
there too. This is also his home. Howard's been a
long-time member of the Board of Aldermen.
At the far end of the table is Paul Isham.
Some of you have dealt with him in other respects.
When I first met Paul, he was the city attorney for
the City of Denton. Then he was the city attorney for
Fort Worth. Then he was the city attorney for the
City of Austin. Then he was the general counsel of
Texas American Bancshares. And one thing that
remained constant through all that time was he was
also the Westlake attorney. So I guess he thought
this was the better job, right?
MR. ISH AM: Best retirement.
MR. BRADLEY: Okay. With that
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of the founders of the International Football League.
And I think y'all start to play next year, right,
Carroll?
MR. HUNTRESS: That's right.'
MR. BRADLEY: Okay. And he
lives over on sort of the west end of Westlake.
Sort of hiding down behind him is Jerry Moore
another member of the Board of Aldermen. Jerry's a '
long-time resident. He lives down on Dove Road where
it turns and becomes Ottinger Road.
Howard Dudley is sort of hiding down back
there too. This is also his home. Howard's been a
long-time member of the Board of Aldermen.
At the far end of the table is Paul Isham.
Some of you have dealt with him in other respects.
When I first met Paul, he was the city attorney for
the City of Denton. Then he was the city attorney for
Fort Worth. Then he was the city attorney for the
City of Austin. Then he was the general counsel of
Texas American Bancshares. And one thing that
remained constant through all that time was he was
also the Westlake attorney. So I guess he thought
this was the better job, right?
MR. ISH AM: Best retirement.
MR. BRADLEY: Okay. With that
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then I'll ask, is there anybody else who would like to
sign up before we get started? Okay.
If not, Bud, if you don't mind, would you
take a minute just to explain the proposal for the
rezoning?
MR. HAUPTMANN: Let me go back
here so perhaps everyone can see it. I know from a
far distance you can't see it too well. But actually
it outlines the total boundary of the Town of
Westlake. And it shows the existing zoning that's in
place right now.
MR. BRADLEY: Bud, let me
interrupt for a second. When you say the boundary,
the dark lines that go around --
MR. HAUPTMANN: Yes.
MR. BRADLEY: -- is that what
you're saying, the heavy dark lines?
MR. HAUPTMANN: Uh-huh, that
offlfllp�
LR. BRADLEY: Is that HighwaN
MR. HAUPTMANN: This is
MR. BRADLEY: All right.
MR. HAUPTMANN: And this il
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Ottinger Road. And this is Precinct Line Road. And
where is Pearson Lane, Pearson Lane is right here.
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Road and this is Pearson Road
MR. BRADLEY: Yeah.
MR. HAUPTMANN: -- to help you
get oriented. And the shaded areas represent the
existing zoning that is not a part of the petition for
change. Everything else, it shows the existing zoning
everywhere else. And everything else is a part of the
area that's proposed to be rezoned.
MR. BRADLEY: So that we can
get oriented, the part that's in the lime -- the light
lime green and the pink is where IBM is located now?
MR. HAUPTMANN: No. This
light green -- if everybody can distinguish the 'green
from this yellow.
MR. BRADLEY: Okay. Yellow is
what I was calling lime green.
MR. HAUPTMANN: Right. The
yellow area is where IBM is located at -the present
time. They have two zoning classifications. This one
is planned office park/hotel. And the rest is planned
Office park, straight planned office park.
In this area is a much larger area and the
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Ottinger Road. And this is Precinct Line Road. And
where is Pearson Lane, Pearson Lane is right here.
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Road and this is Pearson Road
MR. BRADLEY: Yeah.
MR. HAUPTMANN: -- to help you
get oriented. And the shaded areas represent the
existing zoning that is not a part of the petition for
change. Everything else, it shows the existing zoning
everywhere else. And everything else is a part of the
area that's proposed to be rezoned.
MR. BRADLEY: So that we can
get oriented, the part that's in the lime -- the light
lime green and the pink is where IBM is located now?
MR. HAUPTMANN: No. This
light green -- if everybody can distinguish the 'green
from this yellow.
MR. BRADLEY: Okay. Yellow is
what I was calling lime green.
MR. HAUPTMANN: Right. The
yellow area is where IBM is located at -the present
time. They have two zoning classifications. This one
is planned office park/hotel. And the rest is planned
Office park, straight planned office park.
In this area is a much larger area and the
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part of the town that is low density, residential®
And it's intended to remain that way. This is Dove
Road. This is where Dove Road makes the jog, that
first jog off of Precinct®
And then of course this is Pearson Lane over
on this side.
MR. BRADLEY: Okay. I'd like
to get started with the comments® I'd like to start'
with a man that I know is never without a comment,
Ron Jordan.
MR. JORDAN: Pass at this
time.
MR. BRADLEY: Okay. Well, you
live long enough, you see it all, don't you?
MR. JORDAN: I'll catch you at
home tonight®
MR. BRADLEY: Okay. Sam, did
you want to say anything?
SAM: Not at this time.
MR. BRADLEY: Okay. Do you
want me to come back to you later?
SAM: Maybe.
MR® BRADLEY: The next one on
my list is Rusty Trenary®
MR. TRENARY: Right here,
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Scott. I represent three of the four trusts that own
the Lida Hunt Bunker Trust property which is to the
west of Circle T and east of existing 377.
MR. BRADLEY: Rusty, just so',
that everybody can understand that, maybe Bud could
sort of outline the property that you're speaking of..
PARTICIPANT: That's it right
there. Thank you. I
MR. Trenary: We have put
together a letter regarding the proposed rezoning, and
it is signed by two of the three trustees of those
three trusts. And we are opposed to the zoning. And
we strongly urge that you reconsider this Position as
relates to our property as well as other properties in
the area. We are in the process of looking at a land
use plan for the trust property. It's not yet ready
but we hope to'have a chance to share that with you
once we got it completed.
MR. BRADLEY: Let me say that,
Rusty, that anytime you've got a plan that You want to
present to the planning and zoning and to start a
process, just give me a call and we'll set up a
MR. TR NARY® Okay. Thank
YOU. But the letter goes into considerable detail
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about our position and why we feel this way. And we
have given you a copy of it, and we'd like to make
I
sure that that becomes a part of the record tonight.'
MR. BRADLEY: Okay. I have it
and it will be so noted that this will become a part'
of the Public record.
MR. TRENARY: Thank you.
MR. BRADLEY: The next person
on my list is Bob Minyard who is a resident of Shelby
Estates.
MR. MINYARD: Pass at thin
time.
MR. BRADLEY: Okay. Next one
I have is Barbara Griggs who's also a resident of the
town. Where are you, Barbara?
MRS. GRIGGS: I pass. Right
Rm"-
MR. BRADLEY: And Cecil i2
CECIL: Same.
MR. BRADLEY: Okay. Now, I
don't think I'll be contradicted on this one since he
gets paid to talk, William Cothrum.
MR. COTHRUM: I'm going to
yield to ®® for our presentation there's several
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others, I'm going to yield to T"',
MR. BRADLEY: Okay. Troy, do
you want to come up?
MR. PHILLIPS: If I might,
please.
M. BRADLEY: And, Troy, if
you would take just a moment to explain, you are an
MR. PHILLIPS: Yes, I am.
MR. BRADLEY: With a very fine
law firm, I might add. If you would, just explain who
you're representing.
MR. BRADLEY: Well, do you
want to identify Carter now?
w.
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MR. PHILLIPS: Yes. With his
hand up back in the back. So ®® and my law firm was
retained to represent the trust and Mr. Pate as the
trustee. And we are here tonight to voice some
concerns that we have about the proposed zoning plan,
talk about some of the problems and attempt to
encourage the board to consider some other action.
And if it's appropriate for me to do that, I'll take*a
few minutes now.
MR. BRADLEY: Sure.
MR. PHILLIPS: Willie has a
map that I'd like to pass around to anyone who might
be interested that highlights some of our concerns.
And I have a larger one here that appears to be the
same thing too.
If it's all right, I'll go ahead and
will go ahead with making the points I'd like to
address while the maps are being passed out, if we can
do that without too much trouble.
We have not done a calculation as to exactly
how much of Westlake is comprised of the Circle T
ranch. We think that the ranch is roughly two
thousand acres. And in looking at your zoning notice,
you're rezoning approximately thirty-six hundred
acres. So that would be the percentage of the acreage
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MR. PHILLIPS: Yes. With his
hand up back in the back. So ®® and my law firm was
retained to represent the trust and Mr. Pate as the
trustee. And we are here tonight to voice some
concerns that we have about the proposed zoning plan,
talk about some of the problems and attempt to
encourage the board to consider some other action.
And if it's appropriate for me to do that, I'll take*a
few minutes now.
MR. BRADLEY: Sure.
MR. PHILLIPS: Willie has a
map that I'd like to pass around to anyone who might
be interested that highlights some of our concerns.
And I have a larger one here that appears to be the
same thing too.
If it's all right, I'll go ahead and
will go ahead with making the points I'd like to
address while the maps are being passed out, if we can
do that without too much trouble.
We have not done a calculation as to exactly
how much of Westlake is comprised of the Circle T
ranch. We think that the ranch is roughly two
thousand acres. And in looking at your zoning notice,
you're rezoning approximately thirty-six hundred
acres. So that would be the percentage of the acreage
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1 that's dealt with in the proposed rezoning with which
2 we are concerned.
3 The first item I think we would bring out is
4 that we question the reasonableness of zoning this
5 much property for a single use. The zoning is not an
6 entire city but essentially an entire city except for
7 the items that are marked there for a single purpose.
a We believe that in the marketplace, both now
9 and in the forseeable future, that there is no demand
10 for this much property having this kind of use.
11 Certainly the IBM plant, and I know there have been
12 other conversations of other entities moving into the
13 city, are out there and from time to time happen. But
14 if you'd look at the number of those moves in a
15 h -UA that would have to take
16 place to cause this property to be developed, we think
17 that People familiar with the area, the people
is familiar with what the market is, both now and in the
19 projected future, would say that it would be an
20 incredible number of years before the property would
21 be developed according to this plan.
22 We think that it is essentially not
23 consistent with some of the recognized principals of
24 city planning because of the concentration of a single
25 use, so much property designated for a single use.
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We have heard that one of the problems or one
of the concerns that the people and through their
representatives are attempting to address are worried
about traffic problems that might be created with a
development of the tract and the size of land that you
have in the city that have not yet been developed.
We have done some
and
Mt�� could address them in more detail if
anyone had an interest. But given the opportunity to
sit down, we.think we can demonstrate, without
question, by numbers that tjk re
would yield much less in terms of traffic
inquiries than the zoning that's currently being
proposed.
Zoning is something that can be calculated
mathematically because of the density that's
anticipated in being built by the zoning that is in
hand. So if we were incorrect in our belief that the
property is not going to be developed with the zoning
that is proposed and it were developed, that the
traffic problems that I would assume that you're
concerned about will be enhanced by the kind of zoning
that is being proposed as opposed to the zoning that
is in place now.
T know that the Circle T is currently under
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contract. That contract has not closed. We are
hopeful that it will but we don't know yet. I know
that t h,*-, psop-1 t havI7
And that
plan would have less of a traffic impact upon the area
than the one that's currently proposed. And we think
that if we had an opportunity to sit down and show you
those studies and show you those numbers and show you
that mathematical calculation, that we could convince
you that that is, in fact, the case.
The map that I have passed out really points
to a specific problem that the owner of the Circle T
would have. And I would like -- it's really a similar
map to that one. Obviously it covers the same
property. The black outline along the edge of the map
is to depict the city limits of Westlake. The green
is to depict the -Circle T ranch. We have -- and the
map is designed to look at the seve,,nhundredf"- 't
that is in the proposed ordinance,
which is that nothing can be built on the land that
had a height exceeding seven hundred feet above sea
n"
We colored in the seven hundred feet with the
orange. And then assume that any building would have
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contract. That contract has not closed. We are
hopeful that it will but we don't know yet. I know
that t h,*-, psop-1 t havI7
And that
plan would have less of a traffic impact upon the area
than the one that's currently proposed. And we think
that if we had an opportunity to sit down and show you
those studies and show you those numbers and show you
that mathematical calculation, that we could convince
you that that is, in fact, the case.
The map that I have passed out really points
to a specific problem that the owner of the Circle T
would have. And I would like -- it's really a similar
map to that one. Obviously it covers the same
property. The black outline along the edge of the map
is to depict the city limits of Westlake. The green
is to depict the -Circle T ranch. We have -- and the
map is designed to look at the seve,,nhundredf"- 't
that is in the proposed ordinance,
which is that nothing can be built on the land that
had a height exceeding seven hundred feet above sea
n"
We colored in the seven hundred feet with the
orange. And then assume that any building would have
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a height of twenty feet, we extended it another twenty
feet. So the land that ®® in the Circle T ranch that
would be prohibited from having any structure on it
whatsoever is that that is contained in red. So you
see that that comprises a pretty significant portion
of the ranch that the land that is on the ranch that
if this ordinance were passed there could be no
construction on it of any kind.
When you add to that the flood plain area,
and we do not have the study done to show exactly what
areas are in the flood plain, I think we could
certainly reasonably conclude that that portion that
is currently under water is going to be in the flood
plain and it's going to stem out from that. so if you
add that portion of the ranch that is currently under
water and an extension of the flood plain that would
be created, plus that portion that is in red, this
zoning proposal means that a significant portion of
the Circle T ranch under this proposed ordinance would
not be capable of having any development on it
whatsoever.
So because of that, we are concerned about it
and want to raise those concerns now at this hearing
as reasons for us being in opposition. We would als
question whether a zoning ordinance such as this whicl
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a height of twenty feet, we extended it another twenty
feet. So the land that ®® in the Circle T ranch that
would be prohibited from having any structure on it
whatsoever is that that is contained in red. So you
see that that comprises a pretty significant portion
of the ranch that the land that is on the ranch that
if this ordinance were passed there could be no
construction on it of any kind.
When you add to that the flood plain area,
and we do not have the study done to show exactly what
areas are in the flood plain, I think we could
certainly reasonably conclude that that portion that
is currently under water is going to be in the flood
plain and it's going to stem out from that. so if you
add that portion of the ranch that is currently under
water and an extension of the flood plain that would
be created, plus that portion that is in red, this
zoning proposal means that a significant portion of
the Circle T ranch under this proposed ordinance would
not be capable of having any development on it
whatsoever.
So because of that, we are concerned about it
and want to raise those concerns now at this hearing
as reasons for us being in opposition. We would als
question whether a zoning ordinance such as this whicl
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creates a nonconforming use for a lot of uses that are
currently being used for the property, all the
residences other than those that are in the area would
become nonconforming uses. And we would like to have
an opportunity to talk about those kinds of issues and
what problems that they may present in the development
of the community as to whether that is an effective
method of land use planning.
We've had no indication since Mr. Pate became
that's why these officials fulfilled their
responsibility of being concerned about what was going
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creates a nonconforming use for a lot of uses that are
currently being used for the property, all the
residences other than those that are in the area would
become nonconforming uses. And we would like to have
an opportunity to talk about those kinds of issues and
what problems that they may present in the development
of the community as to whether that is an effective
method of land use planning.
We've had no indication since Mr. Pate became
that's why these officials fulfilled their
responsibility of being concerned about what was going
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to happen to a tract of land that would certainly
impact the City of Westlake. And we're aware of that
too. And certainly you're aware that Mr ,:art's going
to have to sell it and we come to you admitting that=
that's true. That's what his job is, that's what he's
been hired to do.
But there is no market of any kind that we
have been able to locate from any prospective
purchaser that would have a plan to use the land as
it's currently contemplated being zoned. So this
zoning, if approved, will remove from the battle field
all of the conversations that Mr. Pate is having with
people who might have an interest to acquire the land
and develop the land.
Our preference would be that no zoning change
be made at this time.;: ty et thy`
-
Since we were not owners of
the land with the intent to fully utilize and develop
the land, we don't think that we, meaning the trust,
the liquidating trust, are the proper parties to work
with the city in developing a way for the land to be
�F
effectively utilized for the community as a whole
aP
The person'that needs to be involved in this
procedure, in our judgment, b� ttm t gr
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to happen to a tract of land that would certainly
impact the City of Westlake. And we're aware of that
too. And certainly you're aware that Mr ,:art's going
to have to sell it and we come to you admitting that=
that's true. That's what his job is, that's what he's
been hired to do.
But there is no market of any kind that we
have been able to locate from any prospective
purchaser that would have a plan to use the land as
it's currently contemplated being zoned. So this
zoning, if approved, will remove from the battle field
all of the conversations that Mr. Pate is having with
people who might have an interest to acquire the land
and develop the land.
Our preference would be that no zoning change
be made at this time.;: ty et thy`
-
Since we were not owners of
the land with the intent to fully utilize and develop
the land, we don't think that we, meaning the trust,
the liquidating trust, are the proper parties to work
with the city in developing a way for the land to be
�F
effectively utilized for the community as a whole
aP
The person'that needs to be involved in this
procedure, in our judgment, b� ttm t gr
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�Iand. What we would ask this group to do is to
defer doing anything right now because the trust
represents ®® because the ranch represents such a
significant portion of the land that's being
contemplated to be rezoned. Let's wait until we have
an owner, a prospective owner who has a legitimate
interest in purchasing, that we are tied up with a
contract, that we have satisfied ourselves as a real
potential purchaser and let him come to the city witl
a proposed plan of reorganization to work with you
then in developing the land.
A lot of us have had some experience in
zoning cases and we're aware of traditionally the
concerns that residents have and the need and the
desire to protect lifestyles. And as we drove out
here this afternoon, we were able to admire and envy
the kind of lifestyles that you have here.
But effective land use planning can help that
and it doesn't have to destroy it at all. But also
someone with a land area of this size
I would respectfully submit that the plan
that we have on the table now provides no prospect for
developing the property and has the effect of making
the property not marketable so that it is not salable.
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�Iand. What we would ask this group to do is to
defer doing anything right now because the trust
represents ®® because the ranch represents such a
significant portion of the land that's being
contemplated to be rezoned. Let's wait until we have
an owner, a prospective owner who has a legitimate
interest in purchasing, that we are tied up with a
contract, that we have satisfied ourselves as a real
potential purchaser and let him come to the city witl
a proposed plan of reorganization to work with you
then in developing the land.
A lot of us have had some experience in
zoning cases and we're aware of traditionally the
concerns that residents have and the need and the
desire to protect lifestyles. And as we drove out
here this afternoon, we were able to admire and envy
the kind of lifestyles that you have here.
But effective land use planning can help that
and it doesn't have to destroy it at all. But also
someone with a land area of this size
I would respectfully submit that the plan
that we have on the table now provides no prospect for
developing the property and has the effect of making
the property not marketable so that it is not salable.
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1 That produces, you know, the effect of nothing at all
2 happening to the land. And I don't think that that is
3 an imposition that one can impose upon a property
4 owner.
5 It is our strong desire to work with the
6 city, work with the residents, work with the neighbors
7 to come up with something that is acceptable. We have
8 no desire to become litigious withthisissue. That's
9 not the way that Mr. Pate likes to run his business.
10 That's not going to be in anyone's best interest. But
11 the plan that is on the table has a very substantial
12 impact upon the value of the Circle T ranch. The
13 value that has been put forward in court documents,
14 that has been reviewed and accepted by the creditors
15 of Bunker Hunt that are looking to Mr. Pate to realize
16 a certain value upon the sale of that asset. So he is
17 under the position of not only having a fiduciary duty
is in addition to the duty of the landowner to protect
23 can't find a way to work the proposed zoning change
24 into an accommodation that allows us to do really
25 anything with it. So our suggestion, we would ask
K"
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that you table the motion that you not pass it; that
2
you'd give us an opportunity to talk about some of
3
these issues in greater detail: and that we determine
4
who the purchaser of that property is going to be so
that we can work together and the new purchaser who
will be a neighbor can work with you in developing a
7
plan to appropriately zone and develop the property.
8
Thank you.
9
FIR. BRADLEY: Thank you® Troy.
10
One last question before you leave. If the city on
11
your map there were to leave the area there along
12
south of Dove Road in a -- in its current state of
13
zoning wp;uldat th llri a-ofthh
14
ar t, you d -nit 1 r p?
15
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20
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21
that -the person who owns the property needs to be
22
involved in the process of determiningn appropriate
23
use of that land recognizing his obligations to the
24
rest of the residents and a thought that this
25
proposed plan may have been put together without
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considering factors that the owner of the Circle T
ranch would have raised had he been involved in the
process. And w,q_,,,r_ecognize that that's n
so�net)x ng
Possible for the city. You've
got your ownutuse that you've got to plan too. This
land has been in limbo because of the financial
trouble of its owners® But that situation has not
been solved.
Mr. Pate's going to -- has been instructed to
sell the land immediately, not to have a long-term
hold, but to realize its current value. So we think
that we can find the owner of this land to work with
the city in doing that. And I have not done an
analysis of the zoning that is in effect down here and
how it relates to what you have up here.
Obviously traditionally zoning goes in
certain stages with buffer zones to protect one use
from another use. And that's land use planning that
all of us believe in. And so that's what I think we
need to do is just take a look at the whole thing.
Although your suggestion would certainly make it
better than it currently is, I'm not sure it would
solve the concerns that we have globally.
MR. BRADLEY: Okay. Is there
!!omebody else, Troy, from your group?
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considering factors that the owner of the Circle T
ranch would have raised had he been involved in the
process. And w,q_,,,r_ecognize that that's n
so�net)x ng
Possible for the city. You've
got your ownutuse that you've got to plan too. This
land has been in limbo because of the financial
trouble of its owners® But that situation has not
been solved.
Mr. Pate's going to -- has been instructed to
sell the land immediately, not to have a long-term
hold, but to realize its current value. So we think
that we can find the owner of this land to work with
the city in doing that. And I have not done an
analysis of the zoning that is in effect down here and
how it relates to what you have up here.
Obviously traditionally zoning goes in
certain stages with buffer zones to protect one use
from another use. And that's land use planning that
all of us believe in. And so that's what I think we
need to do is just take a look at the whole thing.
Although your suggestion would certainly make it
better than it currently is, I'm not sure it would
solve the concerns that we have globally.
MR. BRADLEY: Okay. Is there
!!omebody else, Troy, from your group?
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MR. PHILLIPS: I think
Mr. Pate wanted to say a word.
I
MR. PATE: Not right now.
Mayor, council members, zoning commission members, my
name is Carter Pate, and I'm the trustee of the NBH
liquidating trust.
Basically I come to you tonight, I've
listened to Troy, and basically I'm going to ask the
town to please reconsider tabling this so that we can
sit down together. I will make whatever changes I
have to make in my own schedule to sit down and hear
the town's needs out. But to basically take an entire
piece of property and zone it in one motion, one use,
is going to create -- I wish we could have had the
flood plain put in here because the flood plain
greatly -- the hundred -year flood plain greatly
expands beyond the water here. And we just couldn't
basically get everything together tonight to get that
done.
But between the flood plain, which is in the
low area, and the other areas that are in the high
area, basically what I'm going to be left with because
of this zoning change is basically an unmarketable
piece of property. And basically Troy was right, that
I am not an individual that enjoys getting into a
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MR. PHILLIPS: I think
Mr. Pate wanted to say a word.
I
MR. PATE: Not right now.
Mayor, council members, zoning commission members, my
name is Carter Pate, and I'm the trustee of the NBH
liquidating trust.
Basically I come to you tonight, I've
listened to Troy, and basically I'm going to ask the
town to please reconsider tabling this so that we can
sit down together. I will make whatever changes I
have to make in my own schedule to sit down and hear
the town's needs out. But to basically take an entire
piece of property and zone it in one motion, one use,
is going to create -- I wish we could have had the
flood plain put in here because the flood plain
greatly -- the hundred -year flood plain greatly
expands beyond the water here. And we just couldn't
basically get everything together tonight to get that
done.
But between the flood plain, which is in the
low area, and the other areas that are in the high
area, basically what I'm going to be left with because
of this zoning change is basically an unmarketable
piece of property. And basically Troy was right, that
I am not an individual that enjoys getting into a
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fight with anybody. That is one of the reasons, I
guess, I'm the trustee in this case, that I believe in
working things out. And if the council or zoning
commission would at least give us some time to try to
work a plan out together; that we -- maybe we have
some hearings where we give each of the members of the
town a chance to speak and tell what they would like
to see, what land usage they would like to see, how
they would see it develop. But together we can reach
something that will meet everybody's needs.
I've got my own particular marching orders in
the liquidating trust, and that is to sell the
property. I can't change that. Unfortunately we've
got a lot of creditors that would like to have their
money back. And the only way I can get it back is to
liquidate the assets. But I understand, and that's
why I came here tonight rather than just sending an
attorney is I sincerely want to work with y'all. We
can do it either in a closed session or we can do it
in an open form where everybody gets to 'participate.
But once this is done, there's no turning back. We
can't have the open discussion that I would like to
have with y'all. This is the point of no return for
US.
And whether I -- the buyers, I was very
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fight with anybody. That is one of the reasons, I
guess, I'm the trustee in this case, that I believe in
working things out. And if the council or zoning
commission would at least give us some time to try to
work a plan out together; that we -- maybe we have
some hearings where we give each of the members of the
town a chance to speak and tell what they would like
to see, what land usage they would like to see, how
they would see it develop. But together we can reach
something that will meet everybody's needs.
I've got my own particular marching orders in
the liquidating trust, and that is to sell the
property. I can't change that. Unfortunately we've
got a lot of creditors that would like to have their
money back. And the only way I can get it back is to
liquidate the assets. But I understand, and that's
why I came here tonight rather than just sending an
attorney is I sincerely want to work with y'all. We
can do it either in a closed session or we can do it
in an open form where everybody gets to 'participate.
But once this is done, there's no turning back. We
can't have the open discussion that I would like to
have with y'all. This is the point of no return for
US.
And whether I -- the buyers, I was very
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1 careful in considering the current proposed buyers
2 because they have indicated flexibility to me. They
3 have demonstrated that and I want to make sure that we
see that when we sit down.
5 But, please, once we do this we can't turn
6 back and sit down together; was go down the road that I
7 don't want to go down. I thank you for your time and
8 consideration.
9 MR. BRADLEY: Thank you,
10 Carter. Carter, was there anybody else from your
11 group that wanted to go now?
12 I don't think
13 we had anything else specifically other than to say
14 that we would be happy to, if we were to not do
15 anything tonight but decide to do something later,
16 would be happy to provide assistance in gathering
17 technical data. You know, let's determine where the
18 flood plain is. bet's get all of the information
19 together that we need so that the decision that we
20 snake would be a fully informed decision with
21 participation by all the parties that have a right to
22 participate. And we would be happy to provide our
23 resources in doing those kinds of things.
4
25
or like
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some of the other developments around here that we
know that have had an effective blend of the different
kinds of uses for which this land's compatible and
we'd like to have an opportunity to do that.
MR. BRADLEY: Thanks, Troy.
Mark, do you want to talk?
MARK: I'll pass.
MR. BRADLEY: Wayne?
WAY: I'm going to pass
mommmaoss"
MR. BRADLEY: Have I got some
sort of mask on that says I'm going to eat somebody?
All of you are passing here.
RON: All your comments are
REMIT ".
MR. BRADLEY: That's what I'm
afraid of, Ron. I'm sorry, this is an indication I'm
getting old when I have to put these things way out
here. I believe this says Gerald K. Smith.
MR. SMITH: I'm not speaking,
although I'm representing Mr. Pate as well.
MR. BRADLEY: Okay. Are you
just passing, Mr. Smith, or do you want to -- or are
You just not going to speak?
MR. SMITH: No, I'm not going
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MR. BRADLEY: Okay® I'll put
I
you over here then. And, Carter, you've spoken.
Well, here's somebody that's spoken to us many times,
Ed
MR. E: I've just got a
point of clarification. In the map we got, it shows
as part of the IBM property there's a rectangular area
that shows a not to be zoned P. So we've been under
the impression, or at least I've been under the
impression the last seven and a half, eight years,
that that was all zoning, the same P. I haven't gone
back and looked through my --
MAYOR WHITE: It is.
MR. CE: Okay. You think
Rmm�z �
MAYOR WHITE: I'm sure it is.
MR. WALIAME: -- that thing's
just drawn incorrectly?
MAYOR WHITE: I think so.
MR. BRADLEY: Yeah, it could
be, it could be. That's my recollection.
MAYOR WHITE: It i®
MR. WCE: My recollection
is that all that stuff was Zone P. And then he had
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the planned office park and hotel which was the PH
zoning, which is the pink. And when I saw that, I was
going, huh, maybe I missed something.
MR. HAUPTMANN: Excuse me.
MR. BRADLEY: Sure.
MR. WXL-EdME: Sure.
MR. HAUPTMANN: Ed, we don't
have a legal description of that tract. We've --
it's -® we've never and it could be it's just a copy
that we didn't receive, that's possible.
MAYOR WHITE: I think that's
what it is. He just didn't get the ordinance in
there. Remember that was one of the later ones?
MR. WX1aVKCE: Yeah, it was one
of the later ones, then it came in.
MR. HAUPTMANN: Let me
get you a proper description for that.
MR. WA E: Okay. Thanks
MR. BRADLEY: Okay. Willie,
did you want to talk now, Mr. Cothrum?
MR. COTHRUM: No. 1 think for
the moment Troy has covered it all. I'd like to after
whoever is speaking if we need to talk about any of
x
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the planned office park and hotel which was the PH
zoning, which is the pink. And when I saw that, I was
going, huh, maybe I missed something.
MR. HAUPTMANN: Excuse me.
MR. BRADLEY: Sure.
MR. WXL-EdME: Sure.
MR. HAUPTMANN: Ed, we don't
have a legal description of that tract. We've --
it's -® we've never and it could be it's just a copy
that we didn't receive, that's possible.
MAYOR WHITE: I think that's
what it is. He just didn't get the ordinance in
there. Remember that was one of the later ones?
MR. WX1aVKCE: Yeah, it was one
of the later ones, then it came in.
MR. HAUPTMANN: Let me
get you a proper description for that.
MR. WA E: Okay. Thanks
MR. BRADLEY: Okay. Willie,
did you want to talk now, Mr. Cothrum?
MR. COTHRUM: No. 1 think for
the moment Troy has covered it all. I'd like to after
whoever is speaking if we need to talk about any of
x
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the details.
R. BRADLEY: Okay. Well, let
me start back through my list again and we'll see ifs
anybody wants to talk this time around. Ron?
RON: I've just got a couple
of comments to make. First of all, it distresses me
to have somebody tell me there's not going to be any
traffic increase. I wonder myself when I hear that
comment, I'd like to have been a fly in a room back in
the Dallas .•
said, when we start expanding Dallas we're not goinl-�
to have any traffic problems. Well, 1990 is here and
e have traffic problems. I don't think anybody can
tell us that there's not going to be any increase in
traffic. We've been out here five years and dare say
we run up and down 114. And I think in the last five
years it has increased.
My last comment is that when my wife and I
moved out here, we moved out here with the stipulation
in our ®® in Shelby Estates it would be a ten acre
tract. And that's what we accepted, that's what we
wanted for the security and the stability of my
family, and that's the reason we purchased out here.
And I don't want to see it change. You know, we
reed to buy under those reasons.
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Dare say if I were in trouble and I came to
you and said, I can't do it and I'm going to have to
sell my land but nobody wants to buy my thirteen
acres, will you divide it up for me, I don't think the
city council or the planning and zoning commission
would give me much time to do that. And I hope that
you will move forward on this tonight.
R. BRADLEY: Thank you, Ron.
MR. MINYARD: I thought you
moved out here to be near me.
RON: I didn't.
MR. BRADLEY: Sam, did you
want to say anything? Rusty, did you -- second time
around, did you want to --
MR. TRENARY: No, I'm fine.
MR.
BRADLEY:
Bob
Minyard?
MR.
MINYARD:
I'm
still in
MR. BRADLEY: All right. Dn
113FM
MR. MINYARD: It doesn't
matter at this time.
R. BRADLEY: All right,
Barbara? Cecil? Put you over here?
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BARBARA: Yeah, thank you.
MR. BRADLEY: Okay. And,
Mark?
MARK: I pass.
MR. BRADLEY: Do you want me
to put you over here, too?
MARK: Yeah.
MR. BRADLEY: And, Wayne?
WAYNE: Well, I feel like I
ought to say something, but I've made up my mind and I
definitely don't want this change.
MR. BRADLEY: Okay.
WAYNE: I don't know if
anybody else agrees with me or not. But I feel like
I'm just getting backed into a corner where I can't
dispose of my property when I get ready to. I've
already been cut down from eighteen acres down to ten
minimum. So what do you -- you know, if you get some
other restrictions put on it, I won't be able to turn
it.
MR. BRADLEY: That's the size
tract that you've got right now, right?
WAYNE: Right.
MR. BRADLEY: Okay. All
uight. Bob, it's now or never.
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MR. MINYARD: It's me, huh? I
make a motion that the proposal be accepted as
presented by Mr. Hauptmann.
MR. BRADLEY: Are you talking
MR. MINYARD: Change. We're
ready for it, let's look at it and let's move forward.
MR. FLOWERS: I didn't get a
chance to sign. I guess I walked in late. I'm Dean
Flowers.
MR. BRADLEY: Okay. Dean, why
don't you fill one of these things out. Is there
anybody else?
PARTICIPANT: Would it be
appropriate to hear the letter that Rusty has
presented?
AR. BRADLEY: Yeah, I can rean-
interested in hearing it.
MR. BRADLEY: Sure. Rusty,
I'm going to read your letter, if I can see.
PARTICIPANT: Do you want to
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can do it. This is addressed to Mrs. Gerry White, the
town secretary, regarding the proposed rezoning of
Lida Hunt Bunker's trust property.
Rusty, just by way of background, let me
explain for everybody that it's my understanding, and
you correct me if I get the facts wrong, the Lida Hunt
Bunker trust is a trust .that's set up for the four
children of Nelson Hunker Hunt; is that correct?
MR. TRENARY: That's correct.
R. BRADLEY: So that would be
Houston hunt and his three sisters, correct?
R. TRENARY: Yes.
MR. BRADLEY: Okay. And that
would be the property that's on the west end of the
town adjacent to highway 377?
MR. TRENARY: Correct.
MR.BRADLEY: Okay.
"Dear Mrs.White: Pursuant to your
notification of the proposed rezoning of the above
referenced tract, the trustees of the undersigned
trust offer the following comments. These three
undersigned trustees represent a three-four undivided
interest in the subject tract. Considering several
factors, including prevailing features and natural
boundaries of the land, the amount of P zoning
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can do it. This is addressed to Mrs. Gerry White, the
town secretary, regarding the proposed rezoning of
Lida Hunt Bunker's trust property.
Rusty, just by way of background, let me
explain for everybody that it's my understanding, and
you correct me if I get the facts wrong, the Lida Hunt
Bunker trust is a trust .that's set up for the four
children of Nelson Hunker Hunt; is that correct?
MR. TRENARY: That's correct.
R. BRADLEY: So that would be
Houston hunt and his three sisters, correct?
R. TRENARY: Yes.
MR. BRADLEY: Okay. And that
would be the property that's on the west end of the
town adjacent to highway 377?
MR. TRENARY: Correct.
MR.BRADLEY: Okay.
"Dear Mrs.White: Pursuant to your
notification of the proposed rezoning of the above
referenced tract, the trustees of the undersigned
trust offer the following comments. These three
undersigned trustees represent a three-four undivided
interest in the subject tract. Considering several
factors, including prevailing features and natural
boundaries of the land, the amount of P zoning
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can do it. This is addressed to Mrs. Gerry White, the
town secretary, regarding the proposed rezoning of
Lida Hunt Bunker's trust property.
Rusty, just by way of background, let me
explain for everybody that it's my understanding, and
you correct me if I get the facts wrong, the Lida Hunt
Bunker trust is a trust .that's set up for the four
children of Nelson Hunker Hunt; is that correct?
MR. TRENARY: That's correct.
R. BRADLEY: So that would be
Houston hunt and his three sisters, correct?
R. TRENARY: Yes.
MR. BRADLEY: Okay. And that
would be the property that's on the west end of the
town adjacent to highway 377?
MR. TRENARY: Correct.
MR.BRADLEY: Okay.
"Dear Mrs.White: Pursuant to your
notification of the proposed rezoning of the above
referenced tract, the trustees of the undersigned
trust offer the following comments. These three
undersigned trustees represent a three-four undivided
interest in the subject tract. Considering several
factors, including prevailing features and natural
boundaries of the land, the amount of P zoning
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1 proposed in the development activity in the immediate
2 area, the trustees urge you to reconsider the type of
3 zoning proposed for their tract.
4 The land proposed for rezoning is generally
5 characterized by rolling hills, trees, creeks and
6 ponds which are generally preserved within the context
7 of the P zoning requirements. These features along
8 with the hundred -year flood plains naturally divide
9 the area along the proposed State Highway 170 into
10 roughly four general areas, three of which are
11 characterized by the hills, streets and ponds and the
12 fourth that roughly the southeast corner of State
13 Highway 170, U.S. 377, which is the location of the
14 Lida Hunt Bunker trust property.
15 We have prepared, and it's attached, a map
16 showing the location, Lida Hunt Bunker trust property.
17 in context to the topography and major road
18 alignments. This illustrates that the subject
19 property is generally flat in character and is
20 atypical of the P zoning land and therefore is more
21 naturally suited for other high quality development
22 uses.
23 A land plan study is currently under way to
24 determine what uses.may be possible for the trust
25 property. This will be presented to the Town of
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Westlake as soon as possible. However, it is possible
to achieve the goal of compatibility to the
surrounding or abutting residential districts by
sensitive zoning mixes and densities, landscape
buffers and building setbacks.
Considering the amount of P zoning proposed,
at some point it may be advantageous for the Town of
Westlake to develop other community service/commercial
type functions to support this acreage. Although many
services may be provided on campus, such as the dining
and limited retail at IBM, many services that
employees may require may be located off of an
individual tract.
This represents two opportunities: One,
these type of services can be localized and condensed
and somewhat controlled in visual character; and two,
traffic generated to and from these necessary services
can be, therefore, localized to the State Highway 170
corridor thereby avoiding unnecessary traffic through
abutting residential districts to get,to-these
services elsewhere.
Also, the development activity in the
immediate area vicinity cannot be overlooked. T1
impact of the Alliance Airport project and the
proposed uses of the Perot land immediately west
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Westlake as soon as possible. However, it is possible
to achieve the goal of compatibility to the
surrounding or abutting residential districts by
sensitive zoning mixes and densities, landscape
buffers and building setbacks.
Considering the amount of P zoning proposed,
at some point it may be advantageous for the Town of
Westlake to develop other community service/commercial
type functions to support this acreage. Although many
services may be provided on campus, such as the dining
and limited retail at IBM, many services that
employees may require may be located off of an
individual tract.
This represents two opportunities: One,
these type of services can be localized and condensed
and somewhat controlled in visual character; and two,
traffic generated to and from these necessary services
can be, therefore, localized to the State Highway 170
corridor thereby avoiding unnecessary traffic through
abutting residential districts to get,to-these
services elsewhere.
Also, the development activity in the
immediate area vicinity cannot be overlooked. T1
impact of the Alliance Airport project and the
proposed uses of the Perot land immediately west
WW
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U.S. 377 should be considered. U.S. 377 is and will
continue to be a major north -south connector which can
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support more of a commercial service -type orientation.
A certain amount of buffering of the railroad and the
Perot land may be required considering the cumulative
zoning that is proposed there.
In conclusion, the trustees are not in favor
of this proposed rezoning for the reasons outlined
above. We strongly urge you to reconsider this
position as it relates to the subject property."
As I understand it, Rusty, y'all are
developing a plan which would be submitted
irrespective of the action ®® if we left the land or
we changed it today, you're still going to be
submitting a plan that you think reflects the better
use for that property?
R. TRENARY: Yes. But it's
our opinion that it would be better to table this at
this time rather than go back and rezone something
that was just zoned.
R. TRENARY: I have a larger
scale map that we can pass around if anyone would like
to look at it, which is the same as the map attached
to the back of the letter by the trustees. If anyone
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U.S. 377 should be considered. U.S. 377 is and will
continue to be a major north -south connector which can
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support more of a commercial service -type orientation.
A certain amount of buffering of the railroad and the
Perot land may be required considering the cumulative
zoning that is proposed there.
In conclusion, the trustees are not in favor
of this proposed rezoning for the reasons outlined
above. We strongly urge you to reconsider this
position as it relates to the subject property."
As I understand it, Rusty, y'all are
developing a plan which would be submitted
irrespective of the action ®® if we left the land or
we changed it today, you're still going to be
submitting a plan that you think reflects the better
use for that property?
R. TRENARY: Yes. But it's
our opinion that it would be better to table this at
this time rather than go back and rezone something
that was just zoned.
R. TRENARY: I have a larger
scale map that we can pass around if anyone would like
to look at it, which is the same as the map attached
to the back of the letter by the trustees. If anyone
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would like to look at this, I can pass it around.
MR. BRADLEY: Okay. That
is I might add, this is the condensed version of
that?
R. TRENARY: Yes, it is.
MR. BRADLEY: So this is
becoming a part of the public record?
MR. TRENARY: Yes, it is.
R. BRADLEY: You might want,
Rusty, just to maybe leave that up here with Bud and
maybe he can take a look at it, too, and anybody else
who wants to see.it.
Okay. Dean, why don't you come up now.
MR. FLOWERS: All right.
MR. BRADLEY: This is Dean
Flowers.
MR. FLOWERS: I have land at
Dove and Pearson in Roanoke. I represent some people
on it. And when I first of y1all's letter, I was
pretty excited about the city because I've been so
happy with what the city government has done in the
past, not letting anybody come in and really mess up
this town.
I'd like to ask a question to the city
engineer. Is this the first city You've ever zoned?
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Have you ever zoned a city? Or is this -- I'm real
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1 mean, and how we got this plan that was
3
R. HAUPTMANN: This the
4
plan for this zoning wasn't developed from a from
5
any kind of a detailed study or anything like that.
6
MR. FLOWERS: Did we get the
7
information from the city council, is that how it got
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into place?
9
MAYOR WHITE: Yeah.
10
MR. FLOWERS: I'm trying to
11
figure out how it got there. So you guys made a
12
decision on what the city should be zoned as. And you
13
as the city engineer put it on the map. Okay. I
14
think we're kind of making a mistake. It sounds like
15
all of a sudden we're jumping off the high board
16
without really looking what's in the pool. We've sat
17
here for fifty years without doing anything and
is
letting everything develop around us, which has been
19
great, Colleyville. Southlake is developing, right?
9
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The Alliance Airport and all things,-- well, now
21
you're putting a guy like me who's thirty-one years
22
old in this position where my land wouldn't be worth
23
anything. You guys that are a little bit older who
24
have your places and houses and you don't have to
25
worry about it, that's a little bit different. I
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think you need to think about maybe your children and
grandchildren.
In Dallas the Murchison family had a piece of
property on Forest Lane just south of Preston Road,
I'm sorry, just east of Preston Road. And that
twenty-five acres, after Clint Murchison went broke,
saved a lot of their kids. And we're sitting out here
and we're destroying the value of the property.
You know, I know you say, Well, you can come
in and get it zoned later. Well, just like this man
right here, he might not be able -- he can afford to
live on that thirteen acres. But what happens if I
get in trouble. Well, I'm in trouble and I've of a
corner at Dove and Pearson Roads. It's a great piece
MR. BRADLEY: Can you show us
where your piece of property is?
(Inaudible.)
PARTICIPANT: It's for sale?
MR. FLOWERS: Itsureis.
PARTICIPANT: Do you own that?
MR. FLOWERS: I own it for
PARTICIPANT: Do you represent
the people or do you own it?
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think you need to think about maybe your children and
grandchildren.
In Dallas the Murchison family had a piece of
property on Forest Lane just south of Preston Road,
I'm sorry, just east of Preston Road. And that
twenty-five acres, after Clint Murchison went broke,
saved a lot of their kids. And we're sitting out here
and we're destroying the value of the property.
You know, I know you say, Well, you can come
in and get it zoned later. Well, just like this man
right here, he might not be able -- he can afford to
live on that thirteen acres. But what happens if I
get in trouble. Well, I'm in trouble and I've of a
corner at Dove and Pearson Roads. It's a great piece
MR. BRADLEY: Can you show us
where your piece of property is?
(Inaudible.)
PARTICIPANT: It's for sale?
MR. FLOWERS: Itsureis.
PARTICIPANT: Do you own that?
MR. FLOWERS: I own it for
PARTICIPANT: Do you represent
the people or do you own it?
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MR. FLOWERS: Well, it's in my
name. The ownership is in my name.
MR. MINYARD: As trustee?
MR. FLOWERS: Uh-huh. So I
just think that we need to think -- maybe get a plan.
Let's get a fund up, everybody, and get somebody
that's a zoning person or a planner and get in here
and plan the city correctly.
MAYOR WHITE: What can you do
with it the way it is? It's a tan acre minimum now.
How is this going to be any worse than that on the
Thrasher case?
MR. FLOWERS: I don't think it
should be that. I think that --
MAYOR WHITE: It is right now.
MR. FLOWERS: I understand
that. It's my problem.
MAYOR WHITE: The zoning
change can't make you any worse off.
MR. FLOWERS: Well, right now
you're not changing the zoning on my property. My
property's staying the same. I'm not talking about my
property. I'm talking about the city.
MAYOR WHITE: I don't
understand what your point is then.
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1 MR. FLOWERS: The point is
2 that you're sitting here and saying, Okay, we're going
3 to bring nothing out here but campus -type people like
4 IBM, which is a great deal. There's not that many
5 people out there. There's been two or three deals in
6 the whole history of the City of Dallas like that.
7 And you're over here trying to take four thousand
8 acres of a great city that's in a great location and
9 change it to saying, Hey, it's going to be all this.
10 And it shouldn't be. It should be planned correctly.
11 And I don't think me or any of these -- I don't know
12 if there's a planner in this room that could do it
13 correctly.
14 But I think we should take time, a little
15 time maybe, and have some studies and have some
16 different ideas than Just all these guys up here and
17 our city engineer say, Hey, it's P or it's L. And I
18 just think that's incorrect. That's my feelings.
19 Thank you very much for your time.
20 R. BRADLEY: Is there anybody
21 else who did not get a chance to speak that would like
22 to speak? If not, we'll close the Public hearing
23 then. And the secretary of the hearing will so note
24 the Public hearing is now adjourned.
25 We're going to take just a short break, and
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when we come back we will start the planning and
zoning commission hearing ®® our meeting, excuse me.
And from there, then we will adjourn and go into the
Board of Aldermen meeting.
(Whereupon the public meeting
was adjourned and a short
recess taken.)
MR. BRADLEY: This session of
the planning and zoning commission is now under way.
The only item of business before the commission
tonight, and I will read this straight from the
notice, Consideration of the recommendation p1the
Board of Aldermen concerning the action on the
For the purpose of those assembled, I will
tell you that the planning and zoning commission with
respect to zoning has advisory powers only. It has no
power to effect any zoning at all. It can only
consider comments and make its recommendations to the
council. It will then be the responsibility of the
council to act upon that recommendation. The council
has the authority to totally disregard the
recommendation or to accept it or to modify it.
Now, with that in mind, the chair will
consider a motion from either of the members.
EK
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when we come back we will start the planning and
zoning commission hearing ®® our meeting, excuse me.
And from there, then we will adjourn and go into the
Board of Aldermen meeting.
(Whereupon the public meeting
was adjourned and a short
recess taken.)
MR. BRADLEY: This session of
the planning and zoning commission is now under way.
The only item of business before the commission
tonight, and I will read this straight from the
notice, Consideration of the recommendation p1the
Board of Aldermen concerning the action on the
For the purpose of those assembled, I will
tell you that the planning and zoning commission with
respect to zoning has advisory powers only. It has no
power to effect any zoning at all. It can only
consider comments and make its recommendations to the
council. It will then be the responsibility of the
council to act upon that recommendation. The council
has the authority to totally disregard the
recommendation or to accept it or to modify it.
Now, with that in mind, the chair will
consider a motion from either of the members.
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MR. LOFTUS: Mr. Chairman, I
would like to make a motion that we recommend to the
city council the adoption of the rezoning of the city
with the exception with that portion indicated there
in green bounded by Dove Road and its survey line
extending south of Precinct Line Road at the
intersection of Precinct Line Road and Dove Road be
excluded.
MR. BRADLEY: When you say the
town, you're speaking of the portion that was noticed
for the proposed zoning, P?
R. LOFTUS: That's
correct, P.
MR. BRADLEY: But excluding
the part, any part that may appear in the green
colored area; is that correct?
R. LOFTUS: That's correct.
R. BRADLEY: All right. Is
there a second to the motion?
MRS. MINYARD: I second.
M. BRADLEY: Okay. The
motion has been made and seconded. Is there any
discussion of the motion? Okay. If there's no
discussion, then the chair will put the motion --
those in favor, signify by raising your right hand.
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Okay. The chair declares that the motion
2 passes unanimously. And with that action, then, this
3 session of the planning and zoning commission is
4 adjourned.
5 (Whereupon session of the
6 planning and zoning commission
7 was adjourned.)
8 MAYOR WHITE: The meeting will
9 come to order. Will the secretary please read the
10 minutes of the last meeting?
11 1 MRS. WHITE: A regular meeting
12 of the Board of Aldermen of the Town of Westlake,
13 Texas, was held on the 5th day of March 1990 at
14 7:00 p.m. at the Dudley Ranch in the Town of Westlake,
15 Texas. The following were present: Dale White,
16 mayor; Sherry Dudley, Alderman; Alvin Oien, Alderman;
17 Jerry Moore, Alderman; Gerry White, secretary.
18 Absent: Howard Dudley, mayor pro tem;
19 Carroll Huntress, Alderman. Also present: Paul
20 Isham, town attorney; Bud Hauptmann, town engineer,
Z'V� e r-5
21 Mr. Ed Wallace and Mr. Tom Allen representing
22 Maguire/Thomas IBM Partners.
23 The meeting was called to order by the mayor
24 at 7:00 p.m. Minutes of the previous meeting were
25 read by the secretary and approved as read.
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NumberItem - approval
Solana Sports Club site plan. Motion was made by
Alderman, Alvin Oien, seconded by Jerry Moore to grant
the request fromMaguire/Thomas Partners Westlake,
Southlake partnership to approve the site plan for the
Solana Sports Club, Motion was voted on and carried
unanimously.
Item Number : Consider approval of an
ordinance regarding the town's municipal election to
be held on May 5th, 1990. Motion was made by
Alderman, Jerry Moores seconded by Alderman, Alvin
Olen to pass and approve ordinance number 179, an
ordinance calling and ordering an election to be held
on the 5th day of May 1990 for the purpose of electing
a mayor and two Aldermen for the Town of Westlake for
two-year terms each. Motion was voted on and carried
unanimously.
Item Number 3: Old business. No action
taken. There being no further business to come before
the board, the meeting was adjourned.
MAYOR WHITE: Any corrections?
The minutes stand approved as read.
Item Number 1 is consideration of amendments
to the 1988 uniform building code. Bud, would you
please address the council on that?
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M. HAUPTMANN: Mayor White, I
apologize that I'm not prepared. We were in the
process of developing information and everything to
recommend to council that they adopt the 1988 uniform
building code. You're now under the 1985. But we're
not prepared to present it to you just yet.
MAYOR WHITE: Okay. No
Item 2: Consideration of an ordinance
adopting proposed zoning changes in the Town of
Westlake, Texas. Commissioner Bradley, what's the
recommendation of the planning and zoning commission?
MR. BRADLEY: Mr. Mayor, at a
meeting of the planning and zoning commission held the
same date, the commission voted unanimously to
recommend the adoption of the ordinance changing the
zoning as presented in the notice with the exception
of that area lying south of Dove Road and east of the
survey line that is contiguous with an extension of
Dove Road into Randol Mill Road, which would be the
area that is colored in the green on the map that the
town engineer is now holding. In other words, it was
a recommendation to adopt the ordinance except to
exclude from the rezoning the area signified in green.
MAYOR WHITE: The chair will
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M. HAUPTMANN: Mayor White, I
apologize that I'm not prepared. We were in the
process of developing information and everything to
recommend to council that they adopt the 1988 uniform
building code. You're now under the 1985. But we're
not prepared to present it to you just yet.
MAYOR WHITE: Okay. No
Item 2: Consideration of an ordinance
adopting proposed zoning changes in the Town of
Westlake, Texas. Commissioner Bradley, what's the
recommendation of the planning and zoning commission?
MR. BRADLEY: Mr. Mayor, at a
meeting of the planning and zoning commission held the
same date, the commission voted unanimously to
recommend the adoption of the ordinance changing the
zoning as presented in the notice with the exception
of that area lying south of Dove Road and east of the
survey line that is contiguous with an extension of
Dove Road into Randol Mill Road, which would be the
area that is colored in the green on the map that the
town engineer is now holding. In other words, it was
a recommendation to adopt the ordinance except to
exclude from the rezoning the area signified in green.
MAYOR WHITE: The chair will
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obtain a motion.
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R. HUNTRESS:
May I ask a
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question of the planning and zoning commission?
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MAYOR WHITE:
Yeah, we can
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discuss it after the motion if you like.
Get a motion
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and a second and we'll discuss it.
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MR. HUNTRESS:
I didn't hear
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motions.
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MR. LOFTUS:
I Move we adopt
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the ordinance.
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MAYOR WHITE:
Do we have a
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motion?
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PARTICIPANT:
I second.
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MAYOR WHITE:
NcWdiscussion.
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Carroll?
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MR. HUNTRESS:
I wondered how
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many other zonings were considered by
the planning and
is
zoning commission.
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MR. BRADLEY:
You mean --
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MR. HUNTRESS:
W I as there any
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other type zoning, planned zoning or
anything of that
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nature, planned development?
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R. BRADLEY:
No, nothing else
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was considered, Carroll.
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MR. HUNTRESS:
This was the
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only thing considered?
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MR. BRADLEY: Yes.
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R. HUNTRESS: How many
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meetings did the planning and zoning commission have?
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MR. BRADLEY: Just this one.
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MAYOR WHITE: Any further
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discussion?
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Those for?
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Those against?
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Four and one.
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Motion passes
and the ordinance is adopted.
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(Whereupon the
following votes were had:
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For: Alvin Oien
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Jerry Moore
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Sherry Dudley
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Howard Dudley
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Against: Carroll Huntress)
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And does anyone
have anything to say? The
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meeting is adjourned.
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(Whereupon the meeting was
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adjourned.)
D24
(End of Proceedings.)
25.
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STATE OF TEXAS
I, Charla A. Wheatley, Certified Shorthand
Reporter in and for the State of Texas do hereby
certify that the foregoing 49 pages constitute a full,
true, and correct transcript of all of the proceedings
had and testimony heard of said hearing; thereafter,
reduced to typewriting by me and under my supervision.
Given under any hand and seal of office on the
18th day of April, 1990.
ChARLA A. WHEATLKY,
Certified Shorthand Reg
in and for the State of Texas
Certification Number: 2828
Date of Expiration: 12-31-90
TTA Court Reporters, Inc.
700 Sterling Plaza
5949 Sherry Lane, LB 99
Dallas, Texas 75225
Telephone Number: (214) 361-8800
FAX: (214) 363-9953
a
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STATE OF TEXAS
I, Charla A. Wheatley, Certified Shorthand
Reporter in and for the State of Texas do hereby
certify that the foregoing 49 pages constitute a full,
true, and correct transcript of all of the proceedings
had and testimony heard of said hearing; thereafter,
reduced to typewriting by me and under my supervision.
Given under any hand and seal of office on the
18th day of April, 1990.
ChARLA A. WHEATLKY,
Certified Shorthand Reg
in and for the State of Texas
Certification Number: 2828
Date of Expiration: 12-31-90
TTA Court Reporters, Inc.
700 Sterling Plaza
5949 Sherry Lane, LB 99
Dallas, Texas 75225
Telephone Number: (214) 361-8800
FAX: (214) 363-9953
a
TTA COURT REPORTERS, INC. DALLAS, TEXAS (214) 361-8800