City Council Minutes 1995 10 17 - Laserfiche WebLink

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provided an option for the gas well of either closing the gas well and removing the above ground equipment or providing a sum of money as an additional improvement guarantee, adequate in the opinion of the City to cover the cost of the closing and the removal of the above ground equipment. It had been pointed out to her that there should be a further revision to paragraph No. 4, fifth line down," .... within the Subdivision currently .... ", she would strike with the word" .... currently .... "and say" .... within the Subdivision owned or controlled as of October 17, 1995,....". She pointed out that since there are no liens on Outlots D-L, paragraph No. 2 should be deleted, and the remaining paragraphs be renumbered. Jack DiCola, attomey for the developer, requested that this item be continued since he had just been notified of this meeting three hours prior. Davidson asked if there was a motion to continue this item. NONE Davidson asked DiCola to continue. DiCola stated that the Subdivision Agreement did not provide a time for completing the capping of the gas well, which is on property owned by the City. Because they do not own the property, they cannot take any action against the person who is maintaining the gas well. If the property were deeded back, they would take the action to evict them. The agreement giving Gerrity a right to maintain a well on the property expired almost two years ago. He felt it was inappropriate for Council to take away the developers C.O.s. He stated that under the terms of the Subdivision Improvement Agreement, they have done everything they can do. Ray Schlott, 647 Manorwood Lane, Louisville, Colorado, pointed out that he is volunteering his time to work on this project, as he is a property owner in Meadows at Coal Creek. He had put together a schdule and provided monthly progress reports. He could not find any record that any liens had ever been put on those lots. As far as activity at the Meadows, the landscaping irrigation is going in and the hydroseeding has been done on Tract A and the cross outlots. Most of the items on the punch list had been accomplished. There are some cracked sidewalks that are to be repaired. There had been a lot of progress in the last 90 days. Delmer Zweygardt, 3364 Quail Ridge Circle, Parker, Colorado 80134, explained that his minority partner, Neil Wall, was to attend to the development details, which he failed to do. When he found out, he bought him out. Schlott had volunteered to help Zweygardt get the subdivision completed. DiCola gave Council a copy of the well site access agreement, a copy of his June 21, 1995, letter to Louisville's City Attorney saying that a three day Notice to Quit was required to Gerrity Oil on behalf of the City of Louisville, a copy of Bill Simmons' letter of October 4, 1995, saying that he wanted to know by October 12 what they proposed to do, and DiCola's October 12 letter stating what they did propose to do. 13