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Home My WebLink AboutRESPONSE - RFP - 7441 HEARING OFFICER - LAND USE PLANNING (2)SENT VIA EMAIL TO: purchasing@fcgov.com November 7, 2012 Laurie Kadrich Community Development & Neighborhood Services Director City of Fort Collins 215 North Mason St, 2nd Floor Fort Collins, Colorado 80524 Re: RFP 7441 – Hearing Officer – Land Use Planning Letter of Interest, Resume, and Completed Bid Form Dear Ms. Kadrich: On behalf of Widner Michow & Cox LLP (“WMC” or the “Firm”), I am pleased to submit this letter of interest to the City of Fort Collins (the “City”) for land use planning hearing officer services. I look forward to meeting with you to discuss this letter in greater detail and to demonstrate my sincere interest and ability to serve the City. I am well-qualified to serve your community as a Land Use Hearing Officer. Prior to attending law school, I received a Masters Degree in Urban and Regional Planning which enables me to utilize my planning education and background in providing thoughtful and reasoned legal advice to my clients. If selected as the City’s hearing officer, I will provide qualified and cost-effective services to the City for both the initial one year term of our relationship and in future years. The seven attorneys at WMC practice exclusively local government law, with a combined experience of over eighty years of purely local government representation. I strongly encourage you to contact any of my references listed below who will assure you that I am extremely responsive to WMC’s clients, work well with both elected and appointed officials and staff, have the requisite experience to address the legal issues that would arise in the context of providing hearing officer services to the City, am friendly and easy to work with, and deliver thorough, efficient, cost-effective and well-deliberated legal services. STATEMENT OF GENERAL WMC QUALIFICATIONS: WMC dedicates its practice exclusively to the representation of Colorado local governments, special districts, and quasi-governmental authorities. Our Firm was founded in 2004 by Bob Widner and Linda Michow, who were partners in the Public Law Department of the Proposal for Hearing Officer Services for the City of Fort Collins November 7, 2012 Page 2 of 7 Page 2 former large Denver law firm of Gorsuch Kirgis LLP. Both Bob and Linda previously served the City as land use hearing officers. The Firm is committed to delivering high quality legal advice and services on all issues of interest to our clients. The philosophy of the Firm is to provide professional and cost-effective legal representation by maintaining a close knit group of experienced attorneys with a passion for representing the local public sector. Our attorneys possess substantial experience in serving as the town attorney, city attorney, county attorney, and general or special counsel for a diverse array of communities and governmental organizations. WMC attorneys currently serve as general counsel for the statutory and home rule municipalities of Lakewood, Centennial, Central City, Leadville, Lyons, Lochbuie, Castle Pines and Hot Sulphur Springs. We also serve as either general or special counsel to other municipalities, special districts, and a county. STATEMENT OF MY SPECIFIC QUALIFICATIONS: I am a licensed Colorado attorney with ten years’ experience and have worked primarily in local government law since that time. My practice is focused on representing Colorado local governments on a wide range of legal matters. I hold a Masters Degree in Urban and Regional Planning from the University of Colorado at Denver and am a member of the American Planning Association. I currently serve as an Assistant City Attorney for the Cities of Centennial, Castle Pines and Central along with assisting WMC with its day-to-day legal representation of the Firm’s other municipal clients. My practice includes all aspects of municipal representation with a special emphasis on land use planning and zoning, subdivision, special districts, and annexation matters. I advise the Firm’s clients in quasi-judicial matters and routinely draft findings of fact and conclusions of law in zoning and annexation matters. My land use experience also includes defending clients in C.R.C.P Rule 106 matters and participating in Planning and Zoning Commission meetings and hearings. I am knowledgeable about land use and zoning laws and am extremely efficient in preparing written decisions. In addition, I represent Park County, Colorado, as special counsel in valuation matters pending before the State Board of Assessment Appeals. Prior to joining WMC, I practiced law with the Denver law firm of Grimshaw & Harring, P.C. (now known as Spencer, Fane & Grimshaw), where I represented numerous special districts as general counsel. My practice emphasized representation of metropolitan districts, intergovernmental authorities and business improvement districts with respect to tax and revenue issues, election matters, personnel matters, real estate matters, TABOR compliance, consultant contracts, and intergovernmental agreements. I have also advised numerous boards and commissions and am well acquainted with public hearing processes, including appeals of land use decisions. I have experience with drafting detailed findings and conclusions of law to support a decision, and understand the Proposal for Hearing Officer Services for the City of Fort Collins November 7, 2012 Page 3 of 7 Page 3 importance of conducting myself in a judicious and professional manner as a representative of the City. If selected by the City as the land use planning hearing officer, I would thoughtfully listen to appeals, weigh the evidence and arguments, and craft findings and conclusions in an effective manner which would ensure that all individuals involved in the hearing process would feel as if they were provided a fair opportunity to present their cases. I will attend all hearings as requested by the City and would ensure that all rules of procedure applicable to appeals of Type I administrative decisions are properly followed. In addition, I also: • Do not regularly practice in, or represent clients within, Larimer County; • Have relevant land use experience that would translate into providing high quality hearing officer services to the City; • Have the ability to interpret, understand and make decisions based on applicable criteria and standards set forth in the City’s Land Use Code; • Have the ability to communicate effectively, both orally and in writing, with City Staff, developers, consultants, the public, and other stakeholders; • Have the ability to read and comprehend detailed documents; and • Work well under pressure. My resume is attached to this letter of interest. List of References: While a reference list was not specifically required by the City’s RFP, I encourage you to contact the following individuals concerning my qualifications to provide hearing officer services to the City of Fort Collins: John Danielson City Manager City of Centennial 13133 E. Arapahoe Road Centennial, Colorado 80112 jdanielson@centennialcolorado.com Work: (303) 754-3455 Wayne Reed Community Development Director City of Centennial 13133 E. Arapahoe Road Centennial, Colorado 80112 wreed@centennialcolorado.com Work: (303) 754-3419 Proposal for Hearing Officer Services for the City of Fort Collins November 7, 2012 Page 4 of 7 Page 4 Dave Zelenok Director of Public Works City of Centennial 13133 E. Arapahoe Road Centennial, Colorado 80112 dzelenok@centennialcolorado.com Work: (303) 754-3450 Jeffrey Huff Mayor City of Castle Pines 7501 Village Square Drive, Suite 100 Castle Pines, CO 80108 jeffrey.huff@castlepinesgov.com Work: (303) 888-5511 James McGrady, President McGrady & Associates 2810 Andromeda Drive Colorado Springs, CO 80906 jmcgrady@adelphia.net (719) 632-0234 Mr. McGrady was the Interim City Manager for the City of Castle Pines from 2010 – 2012. Alan Lanning City Manager Central City 141 Nevada Street Central City, CO 80427 manager@centralcitycolorado.us (303) 582-5251 x301 Thank you in advance for reviewing this letter of interest. I look forward to meeting with you in the near future to discuss my qualifications in further detail. Sincerely, Marcus A. McAskin Enclosures (Resume and completed bid form) Proposal for Hearing Officer Services for the City of Fort Collins November 7, 2012 Page 5 of 7 Page 5 BID FORM P1093 Hearing Officer – Land Use Planning $1,050.00 / per hearing** for six (6) hearings per year. $ 175.00 / per hour for additional services. **Based upon estimated time and activities that are anticipated to be involved in the three phases of a typical hearing under the City’s Land Use Code, including: (1) pre-hearing preparation activities; (2) hearing; and (3) post-hearing activities, as set forth below. (1) Pre-hearing preparation activities (estimate of 2.0 to 3.0 hours) • Review staff report summarizing application • Review application • Review provisions of City’s Land Use Code and other applicable codes pertaining to the application • Prepare notes in advance of hearing (2) Hearing (estimate of 2.0 to 5.0 hours) • Instructions to parties • City’s summary of application • City’s recommendations • City’s oral testimony of experts / witnesses / City staff • City’s exhibit presentation / introduction • Applicant’s oral testimony experts / witnesses • Applicant’s exhibit presentation / introduction • Public comment (if applicable) • City’s rebuttal • Closing instructions to parties (3) Post-hearing activities (estimate of 2.0 to 3.0 hours) • Review testimony and relevant evidence • Review exhibits • Review applicable provisions of Land Use Code • Draft written orders ESTIMATED TIME TO COMPLETE TYPICAL HEARING: Minimum of six (6.0) hours. ESTIMATED COSTS: $1.050.00 per hearing (6.0 hours @ $175.00 / hour). As set forth above, additional services would be billed at the hourly rate of $175.00 per hour. Proposal for Hearing Officer Services for the City of Fort Collins November 7, 2012 Page 6 of 7 Page 6 Widner Michow & Cox, LLP ______________________________________________________________________ COMPANY NAME 13133 East Arapahoe Road, Suite 100 ______________________________________________________________________ STREET ADDRESS Centennial CO 80112 ______________________________________________________________________ CITY STATE ZIPCODE Partner 11/06/2012 ______________________________________________________________________ AUTHORIZED REPRESENTATIVE TITLE DATE MARCUS A. MCASKIN WIDNER MICHOW & COX LLP EDUCATION B.A., University of Michigan, Ann Arbor, MI, 1994 M.U.R.P., University of Colorado, Denver, CO 2000 J.D., Order of St. Ives, University of Denver, Denver, CO, 2002 American Jurisprudence Award in Constitutional Law and in Advanced Mediation PROFESSIONAL EXPERIENCE Mr. McAskin is an attorney with the law firm of Widner Michow & Cox LLP; joining the firm in August 2009. His practice includes representation of Colorado municipalities on a broad range of local government matters. Prior to joining Widner Michow & Cox, Mr. McAskin practiced law with the Denver law firm of Grimshaw & Harring, P.C. (now known as Spencer, Fane & Grimshaw, LLP), where he represented numerous special districts as general counsel. Mr. McAskin's practice emphasized representation of metropolitan districts, intergovernmental authorities and business improvement districts with respect to tax and revenue issues, election matters, personnel matters, real estate matters, TABOR compliance, consultant contracts, and intergovernmental agreements. With Widner Michow & Cox (“WMC”), Mr. McAskin serves as an Assistant City Attorney for the Cities of Centennial and Castle Pines and assists the firm with its day-to-day legal representation of the firm’s other municipal clients. Mr. McAskin’s practice includes all aspects of municipal representation with a special emphasis on special districts, land use planning and zoning. Mr. McAskin routinely advises WMC’s clients in quasi-judicial matters and routinely drafts findings of fact and conclusions of law in zoning and annexation matters. His land use experience also includes defending clients in C.R.C.P Rule 106 matters and participating in Planning and Zoning Commission meetings and hearings. In addition, Mr. McAskin represents Park County, Colorado, as special counsel in valuation matters pending before the State Board of Assessment Appeals. SPEAKING ENGAGEMENTS AND PUBLICATIONS Rocky Mountain Land Use Institute. Regional Land Use Planning in the West: Cases Studies and Lessons Learned, William C. Davidson and Marcus A. McAskin, (eds.) (2001). Colorado Municipal League. "Havana Business Improvement District Case Study." Steamboat Springs, June 2008. PROFESSIONAL MEMBERSHIPS AND BAR ADMISSIONS Colorado Bar Association Denver Bar Association Colorado Municipal League Metro City Attorneys Association (current vice president) American Planning Association, Colorado Chapter Colorado Supreme Court