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75-444 "Consideration of a motion authorizing the City Manager to execute a covenant <br />between the City of Portsmouth and the Economic Development Administration. <br /> <br /> This agreement is required in connection,with the EDA project to repair and replace the <br />brick sidewalks in Olde Towne. The covenant states that the City~;~ill retain title to the <br />project facilities for their~useful life and that the project facilities will be devoted to a <br />public purpose." <br /> <br /> Motion of Mr. Oast and seconded by Mr. Holley, that authorization be granted, was adopted <br />by unanimous vote. <br /> <br /> 75-411 - The City Manager presented the following report regarding drainage problem <br />in reference to property of Mrs. Edward Butcher, 3025 Sterling Point Drive: <br /> <br /> "The only solution to Mrs. Butcher's problem, in the opinion of this office, is to instal <br />a 'portion' of the drainage plan proposed for this area df the City. This 'portion' is the <br />~$80,000 noted in our c~rrespondence of July 18, 1975. The location of the drainage pipes, bo' <br /> horizontal and vertical, will not permit minor changes or relocations of the pipe. <br /> <br /> The possibility of backfilling Mrs. Butcher's yard has been reviewed. It is the policy <br />of the, City not to perform work on private property. This policy includes filling of yards <br />and has been confirmed by the City Attorney. In order to fill her property and to prevent <br />erosion into the 'lake' ah additional bulkhead or rip-rap will be required. To carry this <br />procedure to the fullest extent in this area, and provide the same service for the adjoining <br />landowners would in our opinion, ~pproximate the cost for a pe~numment correction. <br /> <br /> Therefore, we recommend that if work is to be done in the area we be <br />that work which would benefit the City on a permanent basis and go toward <br />tion of the drainage program. In short, we should perform the $80,000 of <br />if we intend to do anything." <br /> <br />permitted to do <br />effective comple- <br />storm drain work <br /> <br /> Motion of Mr. Wentz and seconded by Mr. Early, the report to be received as information, <br />was adopted by 6-1 (Holley-nay) vote. <br /> <br /> 75-396 - The City Manager presented the' following report regarding request from Victory <br />Gardent Apartments residents - curfew for children under 18: <br /> <br /> "At its meeting of September 9, 1975, City Council considered a petition from <br />the residents of Victory Garden Apartments. This petition requested a 10 o'clock curfew <br />for all children under eighteen years of age not with their parents. <br /> <br /> Section 215 of the City Code provides for a 12:00 P.M. curfew for persons eighteen <br /> years and under. The City Attorney advises that he has reservations over the legality <br /> of a 10:00 o'clock P.M. curfew since it must be justified as an exercise of the police <br /> power to protect the peace and good morals of the community. The attached information <br />4from the Chief of Police shows the number and cause for police calls at this location <br /> for a one year period. Calls were received at all hours of day and night and showed <br /> no pattern of either time or type. Chief Ash states that with no pattern clearly established <br /> there is no apparent reason for a 10 o'clock curfew. <br /> <br /> The City Attorney recommends that the City's curfew ordinance not be amended. <br />concur with and strongly endorse this recommendation. <br /> <br /> The Uniform Patrol of the Police Department has intensified the patrol effort in <br />~the area of Victory Gardens~''~ <br /> <br /> Motion of Mr. Oast and seconded by Mr. Early, that the City Manager obtain from the <br />Police Department violations in the Victory Garden Apartment area from 10:00 p.m. to midnight <br />ahd repor'r ba~'k i~ 30 days, was adopted by unanimous vote. <br /> <br />NEW BUSINBSS <br /> <br /> 75-445 H.L. Walker, 203 Beazley Drive, spoke on Purple Martin birds, requesting that <br />/they be adopted city-wide. <br /> <br /> Motion of Mr. Barnes and seconded by Mr. Early, to be referred to the City Manager and <br />he consider forming a committee to adopt the Purple Martin birds city-wide, to be placed in <br />various parks outside the city, as requested by Mr. Walker, was adopted by unanimous vote. <br /> <br /> 75-446 - Richard S. Young, Attorney, representing Airline Cab Service, Safeway Cabs and <br />Ke~y Cabs, spoke regarding taxi fare increase. <br /> <br /> Motion of Mr. Early and seconded by Mr..Wentz, the matter to be referred to the City <br />Manager for recommendation, was adopted by unanimous vote. <br /> <br /> 75-44~ Kenneth Ames, Owner, Cradock Restaurant, spoke regarding parking in Afton <br />Square Mall~ as to trespassing during certain hours. <br /> <br /> Motion of Mr. Holley and seconded by Mr. Barnes, the matter to be referred to the City <br />Manager and a report be furnished to Council, was adopted by unanimous vo~e. <br /> <br /> <br />