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145 Regular Meeting December 4, 1989 Page 3 wastewater at the onset. He stated it is a good project and wants the City to express our interest of CAF locating in San Marcos, and the requirement of the City to budget and lease annually. The Council requested information of the fair market value of the hangar and shops for the proposal. The taxiway could be committed with fund balance at this time and budgeted in next year's budget to construct in the next fiscal year. The Council stated if a building is constructed at a future time, the City could annex the property and provide services within 4-1/2 years. The Council directed Staff to check with Maxwell to verify water could be provided to the property. The Council wants a list prepared of the options as soon as possible so they can review the list prior to the December 11 meeting. Mayor Morris requested private incentives be solicited to include in the proposal. Mayor Morris introduced the City Manager's Report. (1) Many citizens have expressed concern to the City Manager of the inconvenience of the railroads blocking traffic and malfunctioning signals. An overpass could alleviate the problem, but would be extremely expensive. Mr. Gilley stated there is a possibility of state or federal funding, and the City would need to establish the need for an overpass to seek funding. Overpasses are funded by priority and would require a tremendous amount of community effort involving public entities, Chamber of Commerce, citizens experiences and support and the City Staff documenting the need. The Council requested information from the mobility study regarding the need for an overpass be provided to them now and are supportive of pursuing funding for an overpass. Mr. Gilley stated there will be additional need for an overpass as the City acquires more economic development and railroad traffic steadily increases. (2) Mr. Gilley advised the Council WIC's lease at Springtown Shopping Center expired November 30, and they have relocated behind City Hall in the mobile building Public Works moved from. (3) Mr. Gilley reminded the Council Student Government Day would be December 5, 1989. (4) Mr. Gilley advised the Council on December 7, Delia Hernandez in the Personnel Department would be City Manager for the day, and requested Council Members contact him if they were available to have lunch with Ms. Hernandez on that date. The City Manager will serve in Ms. Hernandez' position on that date. Mayor Morris introduced the City Attorney's Report. (1) Mr. Taylor advised the Council there was a substantial amount of money due and owing on capital recovery fees by some restaurants. Mr. Gilley and Mr. Taylor think this matter could be solved by allowing the restaurants who are behind in payments to make the payments over a 12-month period. The Council wants a list of what restaurants owe money and how much is owed and want the matter handled administratively. (2) Mr. Taylor advised the Council contracts need minor amendments on occasion after Council has adopted them, and requested a policy decision be made by the Council whether or not they wish nonsubstantive changes to be placed on the Council agenda for amendment or if these changes could be made by the Mayor or City Manager. It was consensus of Council to allow these changes to be made by the Mayor or City Manager and that the Council be informed periodically of changes made. Mayor Morris introduced for consideration an Executive Session pursuant to Article 6252-17, Sections 2(e) and (f), V.A.C.S., to discuss pending litigation (GBRA vs. City of Lytle, Et AI) and matters where the duties of the City Attorney to the City pursuant to the Code of Professional Responsibility of the State Bar of Texas clearly conflicts with Article 6252-17 (discussion of terms of tax abatement contract with Prime Group, Inc. and VF Factory Outlets, Inc.); exchange of real property, negotiated contracts for prospective gifts or donations to the City when such discussion, if made public, would have a detrimental affect on the City's negotiating position, respectively. Ms. Kissler