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237 <br /> <br />on both sides are convinced that entering into litigation in <br />an attempt to ascertain fault or quantify losses suffered is <br />likely to be costly, both fiscally and~emotionaliy, ~ <br />time-consuming~ unnecessary, and perhaps, counter-productive. <br /> <br /> 4. Counsel for the Estate of Mr. Cummings and the City <br />have reached what this Council considers to be a suitable and <br />fair settlement in the amount of $96,9110.56. This agreemen~ <br />is subject to the requisite approval of the Circuit Court for <br />the City of Charlottesville. <br /> <br /> 5. In recognition of the foregoing, without admitting or <br />denying any wrongdoing on the part of the City or its <br />employees, this Council hereby does ~approve a'nd ratify said <br />settlement and authorizes ~the Director of Finance to make <br />payment from the Risk Management Fund in accord with this <br />resolution subject to appropriate court order. <br /> <br />ORDINANCE: SPECIAL ASSESSMENT DISTRICT FOR 3RD ST., N.E. <br />IMPROVEMENTS <br /> <br /> Mr. Hendrix explained that the design and assessments for <br />the improvements on 3rd Street have been examined and no way <br />was found to reconfigure the assessments and enabling <br />legislation does not exist to enlarge the assessment district <br />for this purpose. Mr. Hendrix recommended that the City <br />contribute the difference between the cost of the pavers and <br />the asphalt which would reduce the cost by $33,000. Mr. <br />Hendrix stated that Council had the following options: <br />move forward with the current project, with the City <br />increasing its cost by $33,000; have the City pay the entire <br />cost of the project~ not do the project; or redesign the <br />project with the understanding that significant savings may not <br />result. Mr. Hendrix noted that delaying the project would <br />delay the proposed two-waying of Water Street. <br /> <br /> Rev. Edwards recommended that the first payment by <br />adjacent businesses be delayed for two years to make up for <br />the loss of business experienced as a result of construction <br />and Mr. Gouldman stated that the payment could be delayed as <br />long as the entire assessment was paid within a ten year <br />period. <br /> <br /> On motion by Rev. Edwards, seconded by Ms. Daugherty, the <br />ordinance entitled "AN ORDINANCE AUTHORIZING THE CITY MANAGER <br />TO PROCEED WITH THE IMPROVEMENT TO THE THIRD STREET, S.E. MALL <br />EXTENSION" with the option for a first payment delay, was <br />offered and carried over to the next meeting for <br />consideration. <br /> <br /> Mr. Toscano expressed concern about the cost of the <br />project and asked that an estimate be provided for only <br />undergrounding utilities, asphalting instead of pavers, and <br />installation of sidewalks, as well as a breakout of all <br />expenses for the proposed project. <br /> <br /> Mr. Huja noted that the recommended design was the <br />minimum considered acceptable to committee members and <br />adjacent business owners. <br /> <br /> Ms. Slaughter stated that she thought a substantial <br />change to downtown will be seen as a result of the <br />improvements on 3rd Street. <br /> <br />ORDINANCE: CREATION OF NEW PERMIT PARKING ZONE FOR SOUTH STREET <br /> <br /> Mr. Hendrix stated that a request had been received from <br />residents on South Street to create a permit parking zone on <br />South Street. <br /> <br /> On motion by Mr. Toscano, seconded by Ms. Slaughter, <br />the ordinance entitled "AN ORDINANCE AMENDING AND REORDAINING <br />SECTION 15-204 OF ARTICLE V OF CHAPTER 15 OF THE <br /> <br /> <br />