https://www.heberut.gov/Bids.aspx?BidID=12
APPEAL AUTHORITY
REQUEST FOR QUALIFICATIONS
Heber City is seeking written statements of qualifications from qualified individuals to fill the position of Appeal Authority.
Responses due Monday, September 13, 2021 at 5pm
Contact Information
Anthony Kohler, Planning Director
Heber City Corporation
75 N. Main St.
Heber City, UT 84032
tkohler@heberut.gov
435-657-7900
Appeal Authority RFQ Due: September 13, 2021
Heber City
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BACKGROUND
Heber City seeks applications to fill a Land Use Appeal Authority position. The City adopted an Appeal Authority ordinance and requires the services of an Administrative Law Judge to replace the Board of Adjustment as the appeal authority for the City in land use issues. The City is looking for individuals that:
Understand Land Use Law, including the Utah State Land Use, Development, and Management Act
Have experience in administering land use laws and ordinances
Are available for meetings on an as needed basis, up to once a month
SELECTION SCHEDULE
The tentative selection process schedule is as follows:
City Issues RFQ August 25, 2021
Qualification Submittals due to City September 13, 2021
Minimum Qualifications Review September 14-16, 2021
Potential Interviews September 20-23, 2021
Draft Contract sent to Selected Individual September 27-30, 2021
City Council Approval October 5, 2021
CONTENTS OF REQUEST FOR OF QUALIFICATIONS (RFQ) SUBMITTAL
1. Cover Letter (No more than one page): Introduction of applicant, brief explanation of experience, availability for appeal hearings, interest in position.
2. Statement of Understanding and Services Proposed: Provide a brief statement of your understanding of the duties and responsibilities of the Appeal Authority.
3. Hourly Rates for Services: Indicate proposed rates, including how the rates are calculated, hourly or per application.
4. Resume: Provide a resume, including any relative experience, education, and qualifications.
5. References: A list of references including names, positions and telephone numbers for the individuals identified in the qualifications.
6. Acknowledgement: A signed statement of acknowledgement with the following:
By signing this state of acknowledge, I understand and agree to abide by all terms and conditions set forth within the RFQ. I request that Heber City accept my proposal subject to the identified terms and conditions therein.
Appeal Authority RFQ Due: September 13, 2021
Heber City
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INSTRUCTIONS FOR SUBMITTING RFQ
Submittals must be submitted electronically in PDF format through email, or USB thumb drive. Submittals must be delivered to the following address not later than 5:00 p.m., Monday, September 13, 2021 for consideration:
Email: tkohler@heberut.gov
OR
Heber City
Attention: Anthony Kohler
Planning Director
75 N. Main Street
Heber City, UT 84032
SELECTION PROCESS AND CRITERIA
To be selected for the on-call list, 80% of the total points must be obtained. Qualification submittals will be evaluated using the following criteria:
Qualifications and relevant experience 30 Points
Experience with Public Agencies 20 Points Understanding of City facilities, processes and operations 15 Points Demonstrated ability to respond quickly 10 Points
Cost effectiveness 15 Points
Other Factors 10 Points
Total Points Possible: 100 Points
Responsiveness of Submittals. All submittals must be in writing and fully responsive to this RFQ. Non-responsive submittals or submittals found to be irregular or not in conformance with the requirements and instructions contained herein may be rejected. Other conditions which may lead to the selection committee’s decision not to evaluate a submittal include obvious lack of experience, expertise or adequate resources to perform the required work, and/or failure to perform or meet financial obligations on previous contracts. The City reserves the right to reject any and all submittals for any reason whatsoever.
Waivers. The City may waive informalities or irregularities in submittals received where such is merely a matter of form and not substance, and the correction or waiver of which is not prejudicial to other submittals.
Interviews. The City may schedule interviews with some proposers to assist in selecting the best individual for the position. Proposers will be notified by telephone or mail if they have been selected to participate in the interview process.
Negotiation. Following selection of the most qualified applicant, negotiations will proceed….
Term. The Appeal Authority term shall be 2 years, with an option for the City to extend one year. The City reserves the right to terminate the agreement pursuant to Section
Appeal Authority RFQ Due: September 13, 2021
Heber City
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18.12.100 of the Heber City Municipal Code.
QUESTIONS
Please address any questions to Anthony L. Kohler at tkohler@heberut.gov
with a subject heading of “Appeal Authority RFQ”.
Thank you for your interest and cooperation.
Attachments:
Attachment A. Section 18.12.100 Appeal Authority
Heber City
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ATTACHMENT A
Section 18.12.100 Appeal Authority
18.12.100 Appeal Authority
A. Establishment of Appeal Authority.
1. The Mayor shall appoint the Appeal Authority with the advice and consent of the City Council. The Appeal Authority shall either be law trained or have significant experience with land use laws and the requirements and operations of administrative hearing processes. 2. The term of office shall be two years unless otherwise agreed upon in writing by both parties. 3. The Appeal Authority may be removed by the mayor for violation of this title or any policies and procedures adopted by the Planning Director following receipt by the Mayor of a written complaint filed against the Appeal Authority. Removal of the Appeal Authority shall follow the policies of At Will employees in the City’s Personnel Policy. 4. The Mayor with the advice and consent of the City Council shall fill any vacancy. The person appointed shall serve for the unexpired term of the member whose office is vacant. 5. The Appeal Authority shall receive compensation based on an agreement with the City Manager.
B. Organization and procedures. The Planning Director shall adopt policies and procedures, consistent with the provisions of this section, for processing appeals, variances and requests for reasonable accommodations for persons with disabilities, the conduct for such hearings, and for any other purpose considered necessary to properly consider these applications.
C. Notice of Decision.
1. Record of Final Decision. After hearing the evidence and considering the application, the Appeal Authority shall make its written findings and have them entered in the minutes. 2. Notice of Decision. Upon a decision by the Appeal Authority, a notice of decision shall be mailed to the applicant at the address or e-mail address given in the application. A notice of decision can be a new written notice, a copy of the administrative approval form signed by the Planning Director or designee, or a copy of the approved minutes. A decision by the approving authority is final at the time the notice of decision is issued in writing.
D. Powers and duties.
1. The Appeal Authority shall hear and decide:
a. Appeals from zoning decisions applying the zoning ordinance. b. Variances from the terms of the zoning ordinance. c. Requests for reasonable accommodations for persons with a disability.
2. The Appeal Authority shall not hear and decide:
a. Legislative Requests, including but not limited to the following:
i. Changes to uses in a zone ii. Changes to Text, Maps, or Elements of the General Plan, Zoning Ordinance, or Municipal Code iii. Variances to processes
b. Requests for a variance from, or to modify, agreements made by the City.
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E. Appeals.
1. The applicant or any other person or entity adversely affected by a decision administering or interpreting the zoning ordinance may appeal that decision applying the zoning ordinance by alleging that there is error in any order, requirement, decision, or determination made by an official in the administration or interpretation of the zoning ordinance.
2. Any officer, department, board, or bureau of the City affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the zoning ordinance may appeal any decision to the Appeal Authority. 3. Such appeal shall be taken within ten calendar days from the date of the action appealed from by filing with the officer from whom the appeal is taken and with the Appeal Authority a notice of appeal specifying the ground thereof.
4. The City Staff from whom the appeal is taken shall transmit to the Appeal Authority all papers constituting the record upon which the action appealed from is taken.
5. The person or entity making the appeal has the burden of proving that an error has been made.
6. An Appeal Authority's land use decision is a quasi-judicial act. The Appeal Authority shall find whether an error has been made. The Appeal Authority shall review the matter only using the information gathered on the record from the Land Use Authority’s decision and decision-making process. New information will not be considered. The Appeal Authority may affirm, reverse, or modify the action appealed from as it seems just and equitable and exercise all rights of any other officer or commission. The Appeal Authority shall:
a. determine the correctness of the Land Use Authority's interpretation and application of the plain meaning of the land use regulations; and b. interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
7. Only administrative zoning decisions applying the zoning ordinance may be appealed to the Appeal Authority. Appeals may not be used to waive or modify the terms or requirements of this title.
F. Variances.
1. Any person or entity desiring a waiver or modification of the requirements of this title as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the Appeal Authority for a variance from the terms of this title.
2. The Appeal Authority may grant a variance only if all five of the following conditions are met:
a. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title.
b. There are special circumstances attached to the property that do not generally apply to other properties in the same zone.
c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties in the same zone.
Heber City
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d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
e. The spirit of this title is observed and substantial justice done.
3. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (2) of this section, the Appeal Authority may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought; and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
a. In determining whether or not enforcement of this title would cause unreasonable hardship under subsection (2) of this section, the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
4. In determining whether or not there are special circumstances attached to the property under subsection (2) of this section, the Appeal Authority may find that special circumstances exist only if the special circumstances:
a. Relate to the hardship complained of; and b. Deprive the property of privileges granted to other properties in the same zone.
5. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
6. Variances run with the land.
7. The Appeal Authority and any other body may not grant use variances.
8. In granting a variance, the Appeal Authority may impose additional requirements on the applicant that will:
a. Mitigate any harmful effects of the variance; or b. Serve the purpose of the standard or requirement that is waived or modified.
G. District court review. Any person adversely affected by any decision of the Appeal Authority may petition the district court for a review of the decision. Petitions for appeal to the district court shall be made within 30 days of the Appeal Authority’s decision, or as otherwise outlined by Utah State Code (UCA 10-9a part 8 et seq.).
H. Stay of decision: The Appeal Authority may stay the issuance of any permits or approvals based on its decision for thirty (30) days or until the decision of the district court in any appeal of the decision.