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Home My WebLink AboutMEADOWVIEW CAMPUS OF FORT COLLINS - PDP - 2-08 - CORRESPONDENCE - (47)Steve Olt - RE: MeadowView Campus of Fort Collins pdp #2-08,bAppeal( Extension Page 4 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(a)msn.com>> 5/15/2008> 8:39 AM »» Mr.> Olt,>> > I live at> 7114 Strasburg Drive and> plan on> attending the> public> hearing in 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/skydrive/overview.html?ocid=TXT TAGLM WL 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.html?ocid=TXT TAGLM WL Refresh family safety 052008»»> > »» Keep your kids safer online with Windows Live Family Safety.»» http://www.windowslive.com/family safety/overview.html?ocid=TXT TAGLM WL Refresh family safety 052008>>> > >>> Make every e-mail and IM count. Join the i*m Initiative from>>> Microsoft.>>> hftp://im.live.com/Messenger/iM/Join/Default.aspx?source=EML WL >>> MakeCount>> >> Change the world with e-mail. Join the i*m Initiative from> Microsoft.>> http://im.live.com/Messenger/IM/Join/Default.aspx?source=EML WL ChangeWorld> > > It*s easy to add contacts from Facebook and other social sites> through Windows Live* Messenger. Learn how.> https://www.invite2messenger.net/im/?source=TXT EML WLH LearnHow It's easy to add contacts from Facebook and other social sites through. Windows Live TM Messenger. Learn how. https://www. i nvite2 messenger. n et/i m/?sou rce=TXT_EM L_W LH_Learn How CC: Ben Manvel; Cameron Gloss; Darin Atteberry; David Roy; Diane Jones; Diggs Brown; Doug Hutchinson; Jeff Scheick; Kelly Ohlson; Lisa Poppaw; Paul Eckman; Steve Olt; Tauny Gilmore; Wade Troxell; Wanda Krajicek; Wendy Williams 'Steve Olt - RE: MeadowView Campus of Fort Collins pdp #2-08, []Appeal[] Extension Page 3 asked Mr. Olt (via email) about when the> minutes> of the May 15 meeting and how to get a copy of them. I 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 Jun 2008 09:52:20 -0600> From: SOLT(a_fcgov.com> To:>> 9reggreaves(amsn.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 amsn.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(c fcgov.com> To:> greggreaves(Mmsn.com> CC:>> cgloss anfcgov.com> Subject: RE: MeadowView> Campus of Fort Collins> pdp> #2-08> > Mr. Greaves,> > The appeal process> is set forth in> Chapter 2,> Article ll, 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(a)msn.com>> 5/30/2008> 9:04 AM »» Mr.> Olt,> > Thank you for the information. The> minutes are> important to me> as I> 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(a-fcgov.com> To:>> greggreaves6a_)msn.com> Subject: Re: FW:>> MeadowView Campus of Fort>> Collins pdp #2-08> > Mr. Greaves,> > I 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» <gregqreavesamsn.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:> greggreavesamsn.comTo:>> solt(afcgov.comSubiect: 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:> SOLTa-fcgov.com> To:> greggreaves(uDmsn.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>>> <greggreavesamsn.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: SOLTafcgov.com>> To:>>> greggreavesamsn.com>> CC: fredandcarolfulleraacomcast.net;»» cgloss(a)fcgov.com;> RMaizland(o_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 Stele Olt - RE: MeadowView Campus of Fort Collins pdp #2-08, oAppealh Extension Page 2 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 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(cbfcgov.com> To: gregqreaves(cbmsn.com> CC: 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(dmsn.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(rDfcgov.com> To:> wkraiicek(cDfcgoc.com; greggreavesOmsn.com> CC: SOLT(Cfcgov.com; SROYCdfcgov.com;> TGilmore@fcgov.com; WECKMAN(gfcgov.com; wkrajicek@fcgov.com;> WTroxell@fcgov.com; WWILLIAMS(o)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 for> 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> htto://fcoov.com/cityclerk/aooeals/oho 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, 1> regret to inform you that the extension you have> requested cannot be> granted. > > Steve Roy> City Attorney> > > »» GREGORY GREAVES <areQareavesQmsn.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 Steve Olt - RE: MeadowView Campus of Fort Collins pdp #2-08, DAppeal []Extension Page 1 From: Steve Roy To: GREGORY GREAVES Date: 6/4/2008 6:01:29 PM 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 overtum 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 >>>