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274 <br /> <br />h. RESOLUTION: Granting easement to Virginia Power - Tonsler Park <br /> <br /> BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the <br />Mayor is hereby authorized to execute on behalf of the City the following document, in form <br />approved by the City Attorney: <br /> <br />Right-of-Way Agreement between the City and Virginia Power, dated <br />October 5, 1995, for electrical facilities at Tonsler Park. <br /> <br />ORDINANCE: CLOSING AN ALLEY OFF BOOKER STREET (2nd reading) <br /> <br /> Mr. Gouldman explained that the Planning Commission recommendation that a physical <br />survey be conducted as a condition of the alley closing had not been included in the first <br />reading of the ordinance, and he was not aware of any such condition having been required <br />for alley closing in the past. Mr. Gouldman said he was concerned that such a condition <br />would give the property owners a false sense of security that such a survey will solve their <br />property dispute. Mr. Gouldman continUed that settlement of such a dispute is a private <br />matter between the property owners and not one that involves the City. In addition, Mr. <br />Gouldman said that the petitioner for the alley closing is not in agreement that he should pay <br />for half of the survey. <br /> <br /> Mr. Satyendra Huja, Director of Community Development, said that the applicants had <br />expressed their willingness to pay for the survey to the Planning Commission, and the intent <br />of requiring the survey was that a line be drawn in such a way as to correct the encroachment <br />that exists by both property owners. <br /> <br /> Mr. Toscano said that he feels it is better to close the alley and let the property owners <br />settle the matter on their own. <br /> <br /> The ordinance entitled "AN ORDINANCE CLOSING, VACATING <br />DISCONTINUING AN ALLEY OFF BOOKER STREET," which was offered at the <br />November 6th meeting, was approved by the following vote. Ayes: Ms: Daugherty, Rev. <br />Edwards, Ms. Slaughter, Mr. Toscano, Mr. Vandever. Noes: None. <br /> <br />RESOLUTION,: AUTHORIZING SALE OF CSX PROPERTY <br /> <br /> Ms. Daugherty expressed concern about passing by the opportunity to use the coal <br />tower for the steam train and said she did not see any harm in waiting until the December <br />18th meeting to decide the issue. <br /> <br />Ms. Slaughter said she thinks it makes sense to postpone the decision for a month. <br /> <br /> Mr. Thane Kerner made the following comments: CIDA has been negotiating with Mr. <br />Kuttner for six months and he is concerned that Mr. Kuttner is starting to feel strung along; <br />Mr. Kuttner has expressed a willingness to work with Central Railroad, the steam train <br />owners; and the Central Railroad asked that CIDA delay action on the property in <br />September, but CIDA has not been presented a proposal by Central Railroad. Mr. Kerner <br />noted that CIDA has been working with Central Railroad for four years. <br /> <br /> Ms. Slaughter noted that this is the only public process for Council on the sale of the <br />CSX property. <br /> <br /> Ms. Daugherty asked if there was any assurance that Mr. Kuttner would work with the <br />steam train owners, and Mr. Jim Gahres, Director of Economic Development, said that <br />following a meeting this afternoon there was verbal agreement between the Central Railroad <br />and Mr. Kuttner. Mr. Gahres asked what Council would like to see happen if the matter is <br />delayed. <br /> <br /> Ms. Sally Kammoff, Central Railroad, said she feels she can work with Mr. Kuttner, <br />though she would prefer to work with the City on the property. <br /> <br /> <br />