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Home My WebLink AboutMEADOWVIEW CAMPUS OF FORT COLLINS - PDP - 2-08 - CORRESPONDENCE - (41)Steve Olt - RE: MeadowView Campus of Fort Collins pdpD#2-08,PAppeal# Extension Page 4 Council> Chambers this evening.> When> I attended the>> neighborhood in> March, it was> indicated by you and>> the developer>> representative> that additional> information would be>> forwarded to me>> and others> concerning traffic> studies, sight lines> and> other> questions> that> came up during the> meeting. To date, I> have> received> no> additional> information and feel> unprepared for the> public> hearing> this>> evening. Is there anything you> can provide me> before the>> hearing>> tonight? Greg Greaves> 970.219.5105»»»> »»> Make>> Windows Vista more reliable and secure with Windows Vista>>> Service> Pack>> 1.»»> http://www.windowsvista.com/SP1?WT.mc_id=hotmailvistasp1banner>> »»»> »»»> Windows Live SkyDrive lets you share files with faraway friends.»»»> http://www.windowslive.com/skyd rive/overview. html?ocid=TXT_TAG LM_W L_Refresh _skydrive_052008> »»» > > Change the world with e-mail. Join the i*m Initiative from»»> Microsoft.> »»» »» Keep>> your kids safer online with Windows Live Family Safety.»»» http://www.windowslive.com/family_safety/overview. htm I?ocid=TXT_TAGLM_W L_Refresh_family_safety_ 052008»»» > »»> Keep your kids safer online with Windows Live Family Safety.»»> http://www.windowslive.com/fam ily_safety/overview. html?ocid=TXT_TAG LM_W L_Refresh_family_safety_ 052008»» > »» Make every e-mail and IM count. 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Learn how. hftps://www.invite2messenger.neVim/?source=TXT—EML—WLH—LearnHow CC: Ben Manvel <bmanvel@fcgov.com>, Cameron Gloss <cgloss@fcgov.com>, DarinAtteberry <datteberry@fcgov.com>, Diggs Brown <dbrown @fcgov.com>, DougHutchinson <dhutchinson@fcgov.com>, Diane Jones <djones@fcgov.com>, David Roy <droy@fcgov.com>, Jeff Scheick <jscheick@fcgov.com>, Kelly Ohlson <kohlson@fcgov.com>, Lisa Poppaw <Ipoppaw@fcgov.com>, Steve Olt <solt@fcgov.com>, Tauny Gilmore <tgilmore@fcgov.com>, Paul Eckman <weckman@fcgov.com>, Wanda Krajicek <wkrajicek@fcgov.com>, Wade Troxell <wtroxell@fcgov.com>, Wendy Williams <wwilliams@fcgov.com> Steve Olt RE: MeadowView Campus of Fort Collins pdp/ #2-08,oAppealoExtension Page 3 Jun> 2008 09:52:20 -0600> From: SOLT@fcgov.com> To:>> greggreaves@msn.com>> Subject: RE: MeadowView Campus of Fort Collins>> pdp #2-08> > Mr.> Greaves,> > The City Attorney's office (221- 6520)>> and/or City clerk's> office> (221-6515) would have to be involved in an>> extension request> for filing> an appeal. They accept and process>> appeals.> > Steve Olt>> > > >>> GREGORY GREAVES <greggreaves@msn.com>>> 6/2/2008 9:27 AM »»> Mr. Olt,> > As your responses to my emails were>> delayed at times and> the minutes> have not been available, how do I get>> an extension to my> appeal?Greg> Greaves> > > > > Date: Mon, 2 Jun 2008>> 07:58:17 -0600>> From: SOLT@fcgov.com> To:> greggreaves@msn.com> CC:>> cgloss@fcgov.com>> Subject: RE: MeadowView> Campus of Fort Collins> pdp> #2-08> > Mr.> Greaves,> > The appeal process> is set forth in> Chapter 2,> Article II,> Division 3 of> the City Code. An> appeal of a> decision made> at public> hearing may be> submitted to the> City Clerk's> office within> 14 days> of the decision. For> the MeadowView> Campus> decision (to> approve)> made by the Planning &> Zoning Board on May>> 15th, the 14 days> ended> at 5:00 p.m. on May 30th.> > Steve Olt> City's>> Project Planner> >> >> >>> GREGORY GREAVES <greggreaves@msn.com>> 5/30/2008> 9:04 AM »» Mr.>> Olt,> > Thank you for the information. The> minutes are> important to> me> as 1> consider an appeal to this. Where> can I get> information to> the> process> and time limits of the appeal> (if appeal is> the proper>> term).Greg> Greaves> > > > > Date: Fri, 23> May 2008 09:31:42>-0600>>> From: SOLT@fcgov.com> To:>> greggreaves@msn.com> Subject: Re: FW:>>> MeadowView Campus of Fort>> Collins pdp #2-08> > Mr. Greaves,> > 1> just>> talked with Angelina, the>> secretary for the Planning & Zoning>> Board,>> and she said that the>> written minutes would not be ready> until> the>> first part of June;>> however, you can access the video of> the>>> MeadowView Campus project> by> doing the following:> > * go to> the City>> website at> www.fcgov.com;> *> look near the upper left-hand> corner of>> the> webpage and find 14>> Videos;> under 14 Videos select> Planning &>>> Zoning Board Meeting> 5/15/08;> * at the upper right-hand> part of the>>> video window there is> Chapters,> select this;> * under> Chapters> select>> Item #2 - MeadowView> Campus of Fort Collins -> PDP.> This will> give you>> the portion of the>> video dealing with the> MeadowView> Campus> discussion> and decision.> >> Steve Olt> > > »» GREGORY> GREAVES» <greggreaves@msn.com> 5/23/2008 7:11> AM »» Mr.> Olt,> > I> sent you>> this email a week ago. Could you please> get me> the>> information I>> requested.> > Thank you,Greg Greaves> > >> From:>> greggreaves@msn.comTo:>> solt@fcgov.comSubject: RE: MeadowView»» Campus of Fort Collins pdp» #2-08Date: Fri, 16 May 2008 07:26:29> -0600>> >> > Mr. Olt, When will the>> minutes to the Public Hearing be> available> and>> how can I get a copy> of> them?Greg Greaves> > > Date:> Thu, 15 May> 2008> 14:10:27 -0600>> From:> SOLT@fcgov.com> To:>> greggreaves@msn.com>> Subject:> RE:> MeadowView> Campus of Fort> Collins> pdp #2-08> > Greg,> >> Attached> are> the> neighborhood meeting> notes from> March 13, 2008.> >> Steve Olt,>>> City> Project Planner>> 221- 6341> > > »» GREGORY> GREAVES>>> <greggreaves@msn.com> 5/15/2008> 2:00 PM »» Mr. Olt,> >> The> only>>> reference I find regarding the> Neighborhood meeting is in>> paragraph> 5,>> which gives very general> comments and says the notes of> the>> meeting> are> attached, but the> copy you sent me does not include> them.» Could> you> please send me> the notes.> > Thanks,Greg Greaves> >> > > >>> Date:> Thu, 15> May 2008> 09:14:34 -0600> From: SOLT@fcgov.com>> To:>>> greggreaves@msn.com>> CC:> fredandcarolfuIler@comcast. net;»» cgloss@fcgov.com;>> RMaizland@fcgov.com> Subject: Re: MeadowView» Campus> of> Fort> Collins> pdp #2-08> > Mr. Greaves,> > Attached is the>> City> Staff>> Report and> Recommendation to the Planning & Zoning Board>> for>> tonight's> public> hearing. The notes taken at the neighborhood»» meeting are attached> to> the staff report for the Board's»» consideration. Unfortunately, the>> traffic study is not available»» electronically; however, a copy can be>> made available for you to>> pick>> up at the Development Review Center if>> you would like.> >>> Regarding>> the sight line issue, the proposed> building> is still to> be> at the>> height and in the same location as shown> at the>> neighborhood> meeting.>> Because of the extreme grade change from> west> to> east,> approximately>> 35 - 40 feet from the top side of the site>> down to> the> highway, it is>> apparent that any development (2-story» single-family>> residential,>> multi -family residential, or any>> non-residential use)> would> have a>> significant visual impact from> the> homes on Strasburg> Drive down> to>> Benson Lake. The lake is> approximately> 50 - 60 feet> lower than the>>> homes and is about 1,000> feet away> (horizontally).> >> Please contact>> me> at 221-6341 (or by> a -mail> response) if you would> like to pick up a>> copy> of the traffic> study or> need additional> information before>> tonight's> meeting.> >> Steve Olt,>> City Project> Planner> > > »»> GREGORY GREAVES» <greggreaves@msn.com>> 5/15/2008> 8:39 AM »» Mr.> Olt,>> > I live at>> 7114 Strasburg Drive and> plan on> attending the> public> hearing in> Steve OR - RE: MeadowView Campus of Fort Collins pdpC#2-08, IAppeaID Extension Page 2 PDP, Section 5 either. I am not asking for legal advice from you, simply procedures to follow for the situation. > Also, the link you provided in your first email indicates the file has> been moved or removed.> > Respectfully, Greg Greaves> > > > > Date: Wed, 4 Jun 2008 16:37:23 -0600> From: SROY@fcgov.com> To:> greggreaves@msn.com> CC: bmanvel@fcgov.com; cgloss@fcgov.com;> DATTEBERRY@fcgov.com; dbrown@fcgov.com; dhutchinson@fcgov.com;> DJONES@fcgov.com; DRoy@fcgov.com; JScheick@fcgov.com;> kohlson@fcgov.com; LPoppaw@fcgov.com; SOLT@fcgov.com; SROY@fcgov.com;> TGilmore@fcgov.com; WECKMAN@fcgov.com; wkrajicek@fcgov.com;> WTroxell@fcgov.com; WWILLIAMS@fcgov.com> Subject: RE: MeadowView> Campus of Fort Collins pdp #2-08, Appeal Extension> > ** Confidential> **> > Mr. Greaves, since I'm the attorney for the City and because there> is a> reasonable possibility that your interests may conflict with those> of> the City with regard to this matter, I am permitted under the Rules> of> Professional Conduct only to suggest that you consult with a> private> attorney in order to obtain information as to your legal rights> and> options. I'm sorry that I can't be more helpful. > > >>> GREGORY> GREAVES <greggreaves@msn.com> 6/4/2008 4:28:22 PM »» Mr. Roy,> > How> would I find out about other options I have?Greg Greaves> > > > > Date:> Wed, 4 Jun 2008 16:00:08 -0600> From: SROY@fcgov.com> To:>> wkrajicek@fcgov.com; greggreaves@msn.com> CC: bmanvel@fcgov.com;>> DATTEBERRY@fcgov.com; dbrown@fcgov.com; dhutchinson@fcgov.com;>> DJONES@fcgov.com; DRoy@fcgov.com; kohlson@fcgov.com;>> LPoppaw@fcgov.com; SOLT@fcgov.com; SROY@fcgov.com;>> TGilmore@fcgov.com; WECKMAN@fcgov.com; wkrajicek@fcgov.com;>> WTroxell@fcgov.com; WWILLIAMS@fcgov.com> Subject: Re: FW: MeadowView» Campus of Fort Collins pdp #2-08, Appeal Extension> > ** Confidential>> **> > Hello, Mr. Greaves,> > I apologize that I was not able to get> back> to you yesterday. (I should> note that Wanda Krajicek did not> receive> your email, since the email> address for her on the message you> sent> contained a typographical> error.) > > I have spoken to Ms.> Krajicek,> Steve Olt and City Manager Darin> Atteberry regarding your> request fon an extension of the period of time> for filing a notice of> appeal of the> decision of the Planning and Zoning> Board regarding the> Meadowview> Campus of Fort Collins pdp #2-08. The> City Manager has> authorized me to> inform you that it will not be> possible for the City> to grant such an> extension. The City makes every> effort to make the> information> regarding the appeal process available to> the general> public and also> to those who are interested in particular decisions> that are subject to> appeal to the City Council. That> information is> available both in the> Code itself and on the City's> website at>> http://fcgov.com/c4clerk/appeals/php It is also mentioned> by>> Planning staff at the neighborhood meetings that are held with regard>>> to project development plans, such as the meeting held on March 13,>>> 2008, with regard to the MeadowView Campus project development plan. >> >> In any event, the City Code simply does not authorize the City> Manager,>> City Clerk, myself or any other officer or employee of the> City to> waive> or grant an exception to the period of time within which> the> notice of> appeal must be filed under Section 2-49 of the Code.>> Accordingly, I> regret to inform you that the extension you have>> requested cannot be> granted. > > Steve Roy> City Attorney> > > »»> GREGORY GREAVES <greggreaves@msn.com> 6/2/2008 12:52:47 PM »» Mr. Roy>> & Ms. Krajicek,> > My name is Gregory S. Greaves and I live at 7114>> Strasburg Drive, Fort> Collins, CO 80525. Mr. Olt has referred me to>> both of you regarding an> extension to appealing the decision of the» Planning and Zoning Board> regarding the Meadowview Campus of Fort>> Collins pdp #2-08. 1 am> requesting the extension based on the>> following:> > - At the neighborhood meeting facilitated by the City on>> March 13,> 2008, 1 requested I be emailed information and drawings of>> the project. > I was not sent anything until I again requested it from>> Mr. Olt. I> received information from the City as late as 4:04 PM on> May> 15, 2008> and found myself preparing for the meeting from 5:00 PM -> 5:45> PM.> > - On May 16, 2008 1 asked Mr. Olt (via email) about when> the> minutes> of the May 15 meeting and how to get a copy of them. 1> received> no> response from Mr.Olt and re -sent the message to him on May> 23, 2008.> > This time Mr. Olt responded to my request, but said the> minutes would>> not be available until the first part of Jun and he did> not indicate> how> I could obtain a copy of them. He also told me I> could watch the> video> of the session.> > - On May 30, 2008 at 9:04 AM,> I sent Mr. Olt> another email asking> where I could get information> regarding the appeal> process and time> limits. He did not respond to> this email on June 2,> 2008 and informed> me the appeal time had> expired.> > - Due to urgent> work related events the week of May 26th, I> was unable> to pursue the> matter until May 30th.> > Based on the above> information, I request you> consider a 2 week> extension to my> submitting and appeal from the time> the minutes are made> available to> me. If this is not possible, please> let me know the amount> of> extension you will grant. > > Greg Greaves> >> > > > Date: Mon, 2 Steve Olt - RE: MeadowView Campus of Fort Collins pdpE#2-08,VAppealoExtension Page 1 From: GREGORY GREAVES <greggreaves@msn.com> To: Steve Roy <sroy@fcgov.com> Date: 6/4/2008 6:30:07 PM Subject: RE: MeadowView Campus of Fort Collins pdp #2-08, Appeal Extension Mr. Roy, Thank you for the explanation, I certainly take your previous response less personally. Greg Greaves > Date: Wed, 4 Jun 2008 18:01:23 -0600> From: SROY@fcgov.com> To: greggreaves@msn.com> CC: bmanvel@fcgov.com; cgloss@fcgov.com; DATTEBERRY@fcgov.com; dbrown@fcgov.com; dhutchinson@fcgov.com; DJONES@fcgov.com; DRoy@fcgov.com; JScheick@fcgov.com; kohlson@fcgov.com; LPoppaw@fcgov.com; SOLT@fcgov.com; TGilmore@fcgov.com; WECKMAN@fcgov.com; wkrajicek@fcgov.com; WTroxell@fcgov.com; WWILLIAMS@fcgov.com> Subject: RE: MeadowView Campus of Fort Collins pdp #2-08, Appeal Extension> > ** Confidential **> > Mr. Greaves,> > Let me try to explain. > > 1. I'm not quite sure why Steve Olt referred you to Wanda or me with> regard to a possible extension. Steve probably thought that we might be> in a better position to respond to your request. As I said in my> message, however, there is no procedure in the City Code for requesting> such an extension.> > 2. In my message, I referred to the "reasonable possibility" of your> interests being in conflict with those of the City because that is the> phrase used in the ethical rule that prohibits me from giving you, as a> person not represented by counsel, any advice with regard to this matter> other than to secure counsel. I certainly did not mean to suggest that> you are an adversary of the City. Rule 4.3 of the Colorado Rules of> Professional Responsibility states as follows: > > "In dealing on behalf of a client with a person who is not> represented by counsel, a lawyer shall not state or imply that the> lawyer is disinterested. When the lawyer knows or reasonably should> know that the unrepresented person misunderstands the lawyer's role in> the matter, the lawyer shall make reasonable efforts to correct the> misunderstanding. The lawyer shall not give legal advice to an> unrepresented person, other than the advice to secure counsel, if the> lawyer knows or reasonably should know that the interests of such a> person are or have a reasonable possibility of being in conflict with> the interests of the client." > > 2. My client is the City organization. As the attorney for the> organization, I am responsible for providing legal advice to its> officers and employees. This includes the City Council and the Planning> and Zoning Board as well as the City Manager, City Clerk and Planning> staff. I am also responsible for representing and protecting the legal> interests of the City organization in the event that there is a> challenge to any of its decisions or processes. Your interest in> exploring ways in which to appeal or challenge the decision of the> Planning and Zoning Board decision is, from an ethical standpoint,> different and potentially divergent from the interests of the City> organization. In other words, the City has denied your request for an> extension of time within which to appeal this decision and, as I> understand your situation, you are wondering what to do about that,> i.e., what other options might be available for you to pursue in> attempting to overturn the decision of the Planning and Zoning Board. > > 3. Under the City Code, there is no other option available to you. > Appealing the Board's decision to the City Council is the sole> administrative remedy, and that remedy must be pursued within the 14> days specified in the Code for the filing of an appeal. In your> request for an extension, you assert certain facts that you believe> warrant an extension. I suggested that you confer with an attorney> whose loyalties do not lie with the City organization but rather with> you, so that you can explain those and any other facts that you think> are pertinent to the situation and receive legal counsel as to how your> rights and interests can best be protected. I am simply not in a> position to have that conversation with you.> > 4. I'm sorry that the link contained in my message was not helpful. > I'll forward that information to Wanda Krajicek.> > I hope this explanation is more clear than my earlier response.> > > > >>> GREGORY GREAVES <greggreaves@msn.com> 6/4/2008 5:26:07 PM »» Mr. Roy,> > Thank you for a quick response. I am also sorry you can't be more> helpful, when Mr. Olt directed me to the City Attorney and City Clerk I> took it this was procedural. I am perplexed that there is a "reasonable> possibility" that my interests may conflict with that of the City, I am> all about and for the City of Fort Collins. I recall hearing about the> appeal costing $100 at the neighborhood meeting but not a time limit and> that is not addressed in the