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City Manager Malone called for consideration of and action on the proposed drainage ditch improvements in connection with the Mirabeau Square,Shopping Center expansion. Mr. McCollum presented the Council with a map of the area in question. Brad Bankhead, adjacent property owner to Mirabeau Square Shopping Center, presented a petition containing twelve signatures of property owners in the area requesting preservation of trees and vegetation that forms a greenbelt between the shopping center and the neighborhood, and serves as a natural safety zone between children at play and an open drainage ditch. Mr. Bankhead told the Council that the proposal calls for a major relocation of the current creek bed, and would mean destruction of several large trees, and a great part of the vegetation that forms natural growth area between their homes and Mirabeau Square Shopping Center. Mr. Bankhead request the Council to take a second look at the proposal before acting on this item. Earl Smith, City Engineer, advised that the engineering plans were prepared in general conformance with site plan. Mr. Smith said that in this particular area where Mr. Bankhead lives, in the plans it is proposed that the creek bed be realigned approximately fifty feet to the west which would make it move closer to the neighborhood. In the plans they have eliminated several of the large hardwood trees. Mr. Smith said that he walked the creek bed out, and it does appear to him that if we leave the creek bed where it is, and improve where it is now, the damage would only be to willow trees. One of Mr Smith's concern was if the City has the right to do this. Mr. Smith pointed out the fact that the owner of the shopping center has part of his property on the west side of the creek that he can not use. City Attorney Haynes advised the Council that the Master Plan for the Shopping Center, which does not have any force in effect, as far as he knows, it has not be approved by the City, shows the future enlargement of one of the buildings, we have not been told that the ditch relocation is to accommodate this building, no request has been received for a building permit at this time. Mr. Smith said the master site plat calls for the back area of the Shopping Center to be paved parking area, and it would require a zoning change. After further discussion, a motion was made by Councilman Burnett, seconded by Councilman Shelton to table action on this item until after the executive session. The motion carried 7 ayes, 0 nays. Mayor Fisher announced that the Council would go into executive session, and declared the regular session closed, and the executive session open at 6:46 P.M.. Legal matters were discussed with City Attorney Haynes. Mayor Fisher declared the executive session closed, and the regular session open at 8:00 P. M..