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HomeMy WebLinkAbout13-27 I Resolution No. 13-27 RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP) FOR PLANNING STAFF ASSISTANCE SERVICES (FERSON-OTTER CREEK WATERSHED PLAN) WHEREAS, the City of Elgin (hereinafter referred to as "the City') has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and WHEREAS, the City applied for planning staff assistance services through the Chicago Metropolitan Agency for Planning (hereinafter referred to as "CMAP") to review land development regulations and outline specific amendments to implement the recommendations of the Ferson-Otter Creek Watershed Plan; and WHEREAS, the City's request for such assistance has been recommended by CMAP as a priority project; and WHEREAS, CMAP has adopted the GO TO 2040 Plan as the long-range regional comprehensive plan for the seven-county Chicago region, encompassing Cook, DuPage, Kane, Kendall, Lake, McHenry and Will counties, and is providing this planning staff assistance free- of-charge as a means of advancing the plan's implementation; and WHEREAS, the City will support CMAP's work with appropriate staff time, data files, outreach efforts to community stakeholders, and other necessary resources for the successful completion of this planning study; and WHEREAS, the City and CMAP have agreed on the general contents of a draft Memorandum of Understanding with an attached Scope of Services (all of which is attached hereto and hereinafter referred to as the "MOU") that will guide planning staff assistance services to be provided by CMAP; and WHEREAS, the acceptance of the planning staff assistance services from CMAP relates to the public health, safety, and welfare and pertains to the government and affairs of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The City Council of the City of Elgin (hereinafter referred to as "the City Council") supports this project to review land development regulations and outline specific amendments to implement the recommendations of the Ferson-Otter Creek Watershed Plan. Section 2. The City Council accepts the offer of staff assistance services by CMAP and recognizes that these services are provided for the purpose of advancing the implementation of GO TO 2040. Section 3. The City Council authorizes and directs Sean R. Stegall, City Manager, or his designee, to finalize and execute an MOU on behalf of the City with CMAP, the final form of which is subject to the approval of the City Corporation Counsel, and which shall be generally consistent with the document entitled "Memorandum of Understanding between the Chicago Metropolitan Agency for Planning and the City of Elgin, Local Technical Assistance Program, DRAFT" attached hereto. Section 4. The City Council recognizes that provisions that govern the administration of staff assistance services and, if necessary, the discontinuance of such services are included within the MOU. Section 5. This Resolution shall be in full force and effect immediately upon its passage and approval in a manner provided by law. David J. Kaptain, Mayor Presented: February 27, 2013 Adopted: Vote: Yeas Nays: Recorded: Attest: Kimberly A. Dewis, City Clerk - 2 - Memorandum of Understanding between the Chicago Metropolitan Agency for Planning and the City of Elgin Local Technical Assistance Program DRAFT This Memorandum of Understanding("MOU")entered on 2013 between the Chicago Metropolitan Agency of Planning(CMAP)and the City of Elgin is for planning services related to CMAP's Local Technical Assistance Program (LTA).The MOU will remain in effect until December 31, 2013, unless terminated earlier by either Party upon thirty(30) days' notice to the other Party. During this time"LTA staff' means CMAP staff assigned to work with local governments and community groups as part of the Local Technical Assistance program. LTA staff will remain employees of CMAP and will not be considered City employees. LTA staff will be compensated by CMAP during the term of this MOU. The following,along with the attached Scope of Work,further set forth the obligations of the Parties hereunder: 1. CMAP/Elgin relationship • Scope of work for LTA staff will be jointly determined by CMAP and the City of Elgin • All work performed by LTA staff must be related to work plan—the majority should be directly referenced within work plan, but some indirectly related activities are also permitted • Within overall scope of work,day-to-day reporting on activities will be to the City of Elgin (who should designate a lead person for this purpose) but LTA staff are CMAP employees and CMAP is responsible for evaluating their performance • Periodic check-ins (frequency to be determined based on need) between Elgin and CMAP management—include discussion /evaluation of staff performance • CMAP will determine which of the relevant LTA staff will be assigned to work on the project(based on availability,skills,familiarity with the applicant community, and applicant preferences) 2. Access to resources • LTA staff will have full access to CMAP data and other resources, including specialized staff based at CMAP(for advanced mapping, data,outreach, communications, or topic- specific expertise) • The City of Elgin will provide access to relevant staff who will need to be involved in the project, and will ensure that they allocate appropriate time • The City of Elgin will provide access to all relevant internal data, reports,and other information • The City of Elgin's leadership (key staff, planning commissioners, board members,other elected officials,other decision-makers)will commit to participate in the project and allocate sufficient time at meetings (Plan Commission meetings,council meetings, etc.) to ensure a successful project 3. Demonstration of local support • The City of Elgin will be required to pass a resolution supporting the project at their governing board before work will begin • The City of Elgin will be responsible for working with CMAP to identify a project steering committee • The City of Elgin agrees to participate in public outreach and engagement efforts; including assisting in dissemination of project and meeting information,attending and assisting at public meetings, and providing key stakeholder contact information 4. Project management • Project scope of work(including LTA staff work plans,timelines, public engagement schedules, commitment of other non-staff resources by either CMAP or the applicant, and other elements)will be jointly determined by CMAP and the City of Elgin prior to beginning work • A full project scope of work must be attached to the MOU at the time it is signed • Changes to project scope or timelines must be jointly agreed to by CMAP and the City of Elgin; major expansions of scope may result in discontinuation of project • Allocation of LTA staff to each project will vary over time based on project timeline and work needs CMAP and the City of Elgin hereby agree to the conditions outlined in this Memorandum of Understanding. Marc Mylott Community Development Director City of Elgin Bob Dean Deputy Executive Director, Local Planning Chicago Metropolitan Agency for Planning(CMAP) RN 233 South Wacker Drive ;y�U Suite 800 Ks�f Chicago Metropolitan Chicago,Illinois 60606 312 454 0400 Agency for Planning www.cmap.illinois.gov Local Technical Assistance (LTA) project scope: City of Elgin / Ferson-Otter Creek Watershed Coalition Code and Ordinance Assistance The following is a proposed outline of steps to provide recommendations and language to update codes, ordinances, and engineering standards(generally limited to zoning, subdivision, stormwater and collectively referred to throughout this scope as "development codes")for the City of Elgin as part of the Chicago Metropolitan Agency for Planning's (CMAP) Local Technical Assistance program.Through this program, CMAP will provide staff assistance to develop recommendations for updating Elgin's development codes to be consistent with the recommendations to improve water quality contained within the Ferson-Otter Creek Watershed Plan dated December 2011. Approximate Timeline The following scope of work is designed to be completed in approximately 12 months; however,the timeline can change as the project progresses. The remainder of this document describes the schedule and timeline in more detail. Steering Committee CMAP recommends that a steering committee or similar oversight group be created to assist in guiding the development of these recommendations.This group could consist of staff representatives from Elgin departments(e.g., public works, planning,community development),one or two elected officials;and a representative from Kane County and conservation organizations, if desired.Throughout this scope of work,this group is referred to as the "steering committee." The exact makeup of this group will be determined early in the planning process. CMAP and a water resources consultant will staff,facilitate, and provide technical assistance to the steering committee. Deliverables The final deliverable of this project will be a narrative 'report' assessing the development codes and CMAP staff recommendations, including a reference table that lists specific code sections and the recommended modifications to those codes to better complement the recommendations of the watershed plan. Proposed Tasks Pre-Kickoff Work Before the project formally kicks off, CMAP and Elgin must complete several tasks, including: • Elgin will need to adopt a resolution expressing support for the project and authorizing staff to participate. • A project steering committee or similar oversight group will be formed. • A detailed project timeline will be approved. Step 1—Project Initiation (month 1) The project will begin in Month 1 with a meeting between CMAP staff and the steering committee to: 1 • Review the project scope, schedule,any changes to steering committee membership_, roles and responsibilities, and project expectations. • Collect appropriate development codes and discuss which sections are most important/ relevant to review. Preliminary assumptions are that zoning, subdivision,and stormwater codes, ordinances,and regulations will be reviewed. Step 2—Initial Code and Plan Review(month 2-3) Following the project initiation meeting, CMAP staff and the water resources consultant will review the Elgin comprehensive plan and development codes to gain an overall understanding of the community policy and regulatory context, and to draft an outline and approach for developing and presenting recommendations, i.e.,the most critical sections needing attention. CMAP staff will meet with the steering committee to discuss/review the outline and approach. Deliverable: An agreed upon outline and approach, and priority sections needing attention. Roles: • CMAP—manage process and partners;conduct initial plan and code review and prepare outline, approach, and other necessary materials for Steering Committee;prepare for and lead Steering Committee meetings as necessary. • Steering Committee—review materials and provide feedback,participate in meetings. • Water Resources Consultant—provide review and input as necessary on technical code sections and standards,attend meetings as necessary. Step 3—Draft Recommendations(month 3-6) CMAP staff and the water resources consultant will review development code language in detail to determine consistency with watershed plan recommendations for water quality and to identify potential obstacles to good practice. CMAP staff will provide suggested language modifications to include as well as recommended engineering or performance standards, as appropriate. Development code recommendations will be provided in a reference table that lists specific code sections and recommended modifications to better complement the watershed plan. Deliverable: A draft report of recommendations will be presented to the steering committee for review and comment. Roles: • CMAP—manage process and partners;conduct detailed plan and code review,prepare draft suggested language modifications to comprehensive plan and relevant code sections,prepare for and lead Steering Committee meetings as necessary. • Steering Committee—review draft materials and discuss/provide feedback to CMAP staff,coordinate review of specific sections by relevant municipal department directors,participate in meetings. • Water Resources Consultant—provide review and input as necessary on technical code sections and standards;attend meetings as necessary. Step 4—Watershed Workshop CMAP staff and the water resources consultant will organize and host a one-day workshop to discuss and train participants about plan and ordinance updates that would be complimentary to watershed plan recommendations.The draft recommendations developed in step 3 will help inform the discussion. The workshop will be designed for all municipal members of the Ferson-Otter Creek Watershed 2 Coalition as well as the Silver-Sleepy Creeks Watershed Coalition and will include participation from water resource experts. Step 5—Review and Revise Recommendations(month 6-8) Elgin will closely review draft recommendations and discuss any issues and concerns with CMAP staff and the water resources consultant. CMAP staff will then revise the recommendations report and present the Final Recommendations Report to the steering committee for final review. The report will likely include the following chapters: 1. Introduction 2. Zoning, Subdivision,and Stormwater Codes,Ordinances, and Regulations Assessment Narrative (or other sections)and Tables 3. Development Review Checklist The report may also include, as appropriate, previously developed model ordinances, conservation design templates or examples, and other supporting resources. Deliverable: A final report of recommendations will be presented to the steering committee for adoption. Roles: • CMAP—manage process and partners;prepare final recommended plan and code language modifications to comprehensive plan and relevant code sections,prepare for and lead Steering Committee meetings as necessary. • Steering Committee—closely review draft and final materials and discuss/provide feedback to CMAP staff,participate in meetings. • Water Resources Consultant—provide review and input as necessary on technical code sections and standards;attend meetings as necessary. Step 6—Implementation (month 8-12 and beyond) Adoption and/or incorporation of the development code language,as well as any approval process required, is the responsibility of Elgin staff. However,CMAP staff and the water resources consultant will continue to work with Elgin as they move through adoption and incorporation of the recommendations and following this step. Deliverable: Quarterly meetings with individual communities to assist with discussion and adoption of recommendations. Roles: • CMAP—manage process and partners,prepare for and lead Steering Committee meetings;assist communities with adoption and incorporation including attending community meetings as necessary. • Steering Committee—assist with adoption and incorporation of code language. • Water Resources Consultant—assist communities with adoption and incorporation including attending community meetings as necessary. 3 City of s in Code and Ordinance SCOPE OF WORK Wednesday,January 23, r Task tt ocllnidatlon Task o and Plon R oviow � Draft Recommondetions 4 Workshop hr 13b [Develop draft 3c SteefingCornmittee:Review draft recomirrimcations 4a Develop Wulkshop content 4b Host workshop S Finalize Rocammondations _© --------------------------- --------- 6 Im pbmantadon