City Council Minutes 1998 05 19 - Laserfiche WebLink

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William Simmons, City Administrator, directed Council's attention to a letter received from the applicant outlining their response to the drainage flow issue and a letter from the applicant's attorney. Sam Light, City Attomey, stated that the Ordinance was passed on first reading on February 17, set out for public hearing on March 3, and was continued several times to allow for drainage issues to be resolved. On April 21, a motion to approve the Ordinance on second reading failed and the Ordinance was brought back for reconsideration tonight pursuant to Council action on May 5. A letter from the attorney representing Colony Square, LLC, was received today which reiterates assurances regarding the drainage issues made in the applicant's letter. He explained that, under C.R.S. 31-15-712, any sale or disposal of City property must be approved by ordinance. Ordinance No. 1279, Series 1998, would approve the conveyance of City property as part of the contemplated land exchange with Colony Square, LLC. The Ordinance contains a proposed finding that the tract to be conveyed is not held, used, or needed for park or governmental purposes. Davidson called for comments from the Councilmember who proposed reconsideration of the Ordinance. Lathrop questioned whether the status of the drainage issue has changed. Tom Phare replied the applicant has retained an engineer to study the project. They have not provided staff with amended drainage reports or updates on the drainage. Lathrop stated that reconsideration of this Ordinance was granted in order for the applicant to resolve the drainage issue but it doesn't appear that any progress has been made. Davidson opened the Public Hearing. Paul Siegelman, representing Colony Square LLC, 1850 Monaco Parkway, Denver, Colorado stated the applicant has met with staff to review several concepts addressing the drainage issue. The drainage problem was not discovered until late into the PUD process and the applicant is working with the other members of the PUD to underwrite or contribute to the cost of cure. He stated that the project was designed with the land exchange agreement in mind, as the exchange allows the project room to breathe. The agreement must close by August 31, 1998 and requires approval 35 days prior to closing, or the agreement is void. Keeping this in mind, final approval would be needed by July 15, 1998. Sisk stated he understood the extension was voted upon with the agreement that the drainage issue would be resolved by today. Siegelman stated he understood there is an agreement to use Dillon Road.