08101998 Regular Meeting - Laserfiche WebLink

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2 REGULAR MEETING AUGUST 10, 1998 PAGE 2 ZARATE: Mihalkanin, Doiron, Moore, Cox, Hernandez. TOWNSEND: Hughson, Doiron, Moseley. Mrs. Valle and Messrs. Garza and Zarate were reappointed to serve on the Housing Authority Board. Mayor Moore introduced a public hearing on the proposed 1998-1999 Budget. Captain Carl Deal of the Police Department expressed concern regarding the restructuring plan of the Police Department. Diane Wassenich pointed out in the Water/Wastewater Utility Fund, half of the proposed expenditures are under special services. Mark Minnick stated he has been with the Police Department for twenty years. He advised the Council the restructuring plan will reduce two captain positions in rank and salary and wanted the Council to be aware so the right decision can be made. No one else wished to speak, so Mayor Moore closed the public hearing. Mayor Moore introduced a public hearing regarding an annexation, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ANNEXING TO THE CITY A TRACT OF LAND CONTAINING 152.18 ACRES, MORE OR LESS, LOCATED ADJACENT TO THE 1100-1300 BLOCKS OF CLOVIS BARKER ROAD AND THE 1100-1200 BLOCKS OF CIVIC CENTER LOOP; APPROVING A SERVICE PLAN FOR THIS TRACT; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. Mayor Moore opened the public hearing and asked if anyone wished to speak-for or against the annexation. No one did, so Mayor Moore closed the public hearing. Mayor Moore introduced for consideration adoption of an Ordinance on emergency, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CITY BUDGET ORDINANCE FOR THE 1997-98 FISCAL YEAR TO PROVIDE FUNDING FOR THE PURCHASE OF VIDEO EQUIPMENT TO BROADCAST CITY MEETINGS AND DECLARING AN EMERGENCY. Mr. Moseley moved for adoption of the Ordinance on emergency and Mr. Doiron seconded the motion. Mr. Gilley advised the equipment could be installed within two months and then Staff would be trained on the operation. Mr. Hernandez moved to amend the Ordinance to approve the Ordinance on first reading and Ms. Hughson seconded the motion, which passed unanimously. The Council then voted unanimously for approval of the Ordinance on first reading. Mayor Moore introduced an addendum, Item 5.5, a discussion regarding property taxes on property owned by Southwest Texas State University and the Southwest Texas State University Support Foundation and direction to Staff (disclosure affidavits filed by Mayor Moore, and Council Members Hughson, Mihalkanin and Hernandez). Mayor Moore left the Council Chambers during this discussion. Mr. Cox stated he, Mr. Taylor and our tax attorneys attended a meeting at SWT last Friday to discuss the issue of property taxation on property at the Aquarena complex, Pepper's and the Fire Station Studio. Mr. Taylor stated the taxing entities are in a lawsuit with the Appraisal District for properties removed from the roles. There have been many discussions whether or not the properties are exempt. SWT wants to resolve the issue of these properties. Staff is seeking direction whether or not to pursue resolution of past taxes and the future of these properties. Mr. Taylor is awaiting information from Ms. Caraway, Tax Assessor- Collector, regarding some of the details of these properties which are still unclear. Mr. Dwayne Force, one of the City's tax attorneys, stated the City should consider negotiating and settling the matter. Dr. Jerry Supple, President of SWT, advised the State Auditor advised SWT they should be tax exempt. SWT's internal auditors and attorneys also advised they should be exempt. The Appraisal District and the taxing entities determined it was taxable. SWT has been advised the Fire Station Studio is taxable, so Dr. Supple thought it would be appropriate to look at all of the properties in question. The Attorney General's Office is assisting to appeal the Fire Station Studio exempt status. Dr. Supple wants to discuss this matter with the Board of Regents and will propose they encourage him to resolve this issue. Dr. Supple thinks SWT owes $205,000 in taxes and proposes the matter be