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Regular City Council Meeting <br />Decernber 14, 2009 <br />Page 3 <br />Class President John Mark Spencer told the Council that the Class had committed to raising <br />$66,000 toward the restoration of the Bywaters Peristyle by holding various fundraisers and <br />through gant programs. The scope of the project also includes, depending upon the success <br />of fundraising efforts, a project recognition monument sign and landscaping for the park. <br />Mr. Spencer said all work would meet the requirements of the Historic Preservation <br />Committee. City Council voted to fund the remaining $66,000. City Manager Kevin <br />Carruth stated that the money would come from the historic preservation fund set-aside from <br />the hoteUmotel tax. <br />13. Deliberate and act on the Preliminary Plat and Final P1at of Lot 1, Block A, Southwest LTC <br />Addition 313, located in the 100 Block of 47th Street S.E. <br />A Motion to approve the Preliminary Plat and the Final Plat was made by Council Member <br />Pickle and seconded by Council Member Kear. Motion carried, 6 ayes - 0 nays. <br />14. Public hearing and deliberate on drainage issues east of 42"d Street S.E. <br />Mayor Freelen opened the public hearing and asked for anyone wishing to speak about this <br />item to please come forward. Linda Kilgare, James Finney and Larry Fendley expressed concern <br />about drainage issues especially at times of very heavy rain. Council Member Kear inquired when <br />the drainage issues began and Mrs. Kilgore responded they had problems prior to Wal-Mart being <br />built. Kevin Carruth explained there was a drainage channel that runs behind the homes on 42°d SE <br />and noted that Primrose, Jasmine, and Oleander Streets were not part of the Morningside Addition, <br />but were developed after Morningside. Mr. Carruth also said that when Morningside was <br />developed, the developer did not dedicate a drainage easement to the City and the drainage way was <br />left in its natural state, as opposed to the later addition where the developer was required to improve <br />the ditch by lining it with concrete and dedicating a drainage easement to the City. Mr. Carruth <br />stated that approximately halfway down 42nd Street the creek enters a wooded area, narrows, and <br />begins to take a meandering course. Mr. Carruth also reminded the Council that the City had <br />recently refused the dedication of a drainage easement behind Mirabeau Square until the developer <br />brought the ditch up to City specifications, keeping with the City's historical practice. Mr. Carruth <br />noted that developers are required by state law to submit drainage plans, sealed by a professional <br />engineer, showing that no more water is being shed from the developer's property onto adjoining <br />property than was being shed before the proposed development. He also said that any disputes <br />about the drainage plan were a civil issue. Shawn Napier said that a drainage inlet at 445 42nd SE <br />was on the City's drainage ditch maintenance report, but that the City was prohibited by state law <br />from working on private property such as the drainage ditch. Council Member Biard agreed. <br />Mayor Freelen told the citizens that the City would continue to try to work with them on their issues. <br />With no one else speaking, Mayor Freelen closed the public hearing. <br />15. Deliberate and act on the Preliminary Plat and Final Plat of Lot 2, Block A, Nelms CB 32 <br />Addition, located at 1202 and 1224 Pine Bluff Street. <br />A Motion to approve the Preliminary Plat and the Final Plat was made by Council Member <br />- 0 0 q <br />