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05 - COUNCIL MINUTES FROM 07/13/2015
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05 - COUNCIL MINUTES FROM 07/13/2015
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Regular Council Meeting <br />July 13, 2015 <br />Page 6 <br />Mr. Napier explained the City had been approached by a group who wanted to rent this <br />building, Planning and Zoning had approved the request for a change in zoning and staff also <br />recommended the zoning change. <br />Mayor Hashmi opened the public hearing and asked for anyone wishing to speak in favor <br />or in opposition of this item, to please come forward. With no one speaking, Mayor Hashmi <br />closed the public hearing. <br />A Motion to approve this item was made by Council Member Pickle and seconded by <br />Mayor Hashmi. Motion carried, 6 ayes — 0 nays. <br />12. Discuss disannexation requests and provide direction to staff. <br />Mr. McIlyar informed Council that the City had received approximately 27 applications <br />disannexation from owners inside the original 1228.89 acres, tract 12 which was on the north <br />side of FM 1508. He said the City had also received approximately 7 disannexation requests on <br />the south side of FM 1508 Airport Road, which was from tract 8 from the original 1999 <br />disanexation. He noted that tract 12 and tract 8 were from two different annexation ordinances, <br />that tract 12 was in 1997 and tract 8 was in 1999. Mr. McIlyar depicted the map provided by the <br />engineering department and said four or five of the properties were owned prior to annexation <br />and the remainder changed ownership after the City annexed the land into the City limits. Mr. <br />McIlyar said that the majority of property owners from tract 8 and tract 12 had requested <br />disannexation. Mr. McIlyar explained that the only problem was that the number 10 tract and the <br />number 28 tract on the west side, which were the two large hundred acre plus tracts, if <br />disannexed would create a problem for the City because it would cut off everything east of those <br />two tracts including the Cox Field Airport and the AgPro site, out onto an island outside the <br />corporate city limits. For that reason, Mr. McIlyar said he could not recommend that the two <br />large tracts be disannexed. Council Member Pickle confirmed with Mr. McIlyar those two large <br />tracts were tracts 10 and 28. Mr. McIlyar also said the City received a disannexation request <br />from Jo Blalock, and that property was not located on Airport Road, but located north of <br />Clarksville Road off by itself. Mr. McIlyar said to disannex the Blalock tract would create a <br />donut hole inside the City limits, and that it did not meet the policy and procedures for <br />disannexation and that he did not recommend disannexation of this property. Next, Mr. McIlyar <br />addressed the Denison property, Lot 14 in the Wildwood Subdivision. He said it was 5 acres and <br />if the City disannexed that lot, then lot 16 would be cut off from the City and placed on an island <br />by itself. Mr. McIlyar said under Texas Case law, creating islands outside corporate city limits <br />which were not adjacent to city boundary lines was not permitted. Mr. McIlyar said for this <br />reason he could not recommend disannexation of the Denison property. He also said if the <br />property owner of lot 16 applied for disannexation, and the Council want to do so then it could <br />be done. Mayor Hashmi said if he understood this correctly, Mr. McIlyar was advising that lots <br />10, 27 and 28 should not be disannexed by law. Mr. McIlyar said that was correct and added that <br />lot 31 owned by the Whites, should be included in those that should not be disannexed. Mr. <br />McIlyar said lot 31 was on Airport Road and was surrounded by tracts that apparently wanted to <br />remain in the City limits and to allow 31 to disannex would create a hole in the City limits. <br />Mayor Hashmi asked Mr. McIlyar if that was his opinion about these lots or was it according to <br />
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