Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, January 11, 2021 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. OPENING CEREMONIES: Pledge of Allegiance to the Flag II. Roll Call III. REGULAR BUSINESS 1. Discussion Regarding a Special Use Permit Application for the Liven Room - 9207 Broadway Avenue Committee Item Memo-Special Use 9207 Broadway 2. Discussion Regarding an Amendment Village Code to reduce the Buffering Distance Requirements Between Sidewalk Cafes and Residential Property Committee Item Memo-Buffering Distance 3. Discussion Regarding Phase I and Phase II Engineering Completed for Three Surface Transportation Program Resurfacing Projects Committee Item Memo-STP Resurfacing Project 4. Presentation of Updated Pavement Condition Report Committee Item Memo-Pavement Condition IV. Public Comment Public Comment can be Submitted Online Here:https://www.surveymonkey.com/r/PublicComment111 V. Executive Session If Necessary VI. ADJOURNMENT Page 1 of 43  Committee Item Memo Meeting Date: January 11, 2021 Staff Contact: Elyse Vukelich, Village Planner Department: Community Development Subject: PZC Case 20-13 - Special Use Permit for the Liven Room at 9207 Broadway Avenue Background Information: The applicant requests a Special Use Permit to open an indoor assembly business called The Liven Room at 9207 Broadway Avenue. The proposed business would be available for small event rentals, including parties, networking, and pop-up retail events. Indoor assembly is a Special Use in the C-3 Zoning District. Site Location and Aerial The Liven Room proposes to provide event rental space with a capacity of 30 people. The owner of the business will be its sole employee. The furnished space measures 1,100 square Page 2 of 43 feet. They also plan to have an espresso bar in the space for use by its renters, which will also be open to the public during the week. There will not be a kitchen on-site, so all food served at events will be catered. Though there is no on-site parking available at 9207 Broadway Avenue, the business is able to meet the requirement for 9 parking spaces (required by Section 62-290 of the Village Code) through public parking credits on Broadway Avenue. This project was heard at the December 17th Planning and Zoning Commission meeting. The Commission voted unanimously to recommend the project to the Village Board of Trustees for approval. Financial Impact: N/A Recommendation(s): Review and discussion of the requested Special Use. Page 3 of 43  Village of Brookfield Planning and Zoning Commission Staff Report TO: The Village of Brookfield’s Planning and Zoning Commission HEARING DATE: December 17th, 2020 FROM: The Village of Brookfield’s Community Development Department PREPARED BY: Elyse Vukelich, Village Planner TITLE PZC Case 20- 13 – Special Use Permit for The Liven Room at 9207 Broadway Avenue; The applicant requests a special use permit to operate an indoor assembly use. GENERAL INFORMATION APPLICANT: Michelle Ficco 8133 North Olcott Avenue Niles, IL 60714 APPLICATION/NOTICE: The application has been filed in conformance with applicable procedural and public notice requirements. PROPERTY INFORMATION EXISTING ZONING: C-3 Centralized Commercial District EXISTING LAND USE: Commercial - Retail PINs: 15-34-307-026-1001; SURROUNDING ZONING AND LAND USES: North: C-3 Centralized Commercial; Medical Office South: C-3 Centralized Commercial; Restaurant East: C-3 Centralized Commercial; Office West: C-3 Centralized Commercial; Studio, Artist, Instructional Service Page 4 of 43 PZC 20-13 The Liven Room - Special Use Page 2 December 17th, 2020 ANALYSIS SUBMITTALS This report is based on the following documents, which are on file with the Community Development Department: 1. Application for Public Hearing; 2. Certification of Legal Notice Published December 2nd, 2020 in the Riverside Brookfield Landmark; 3. Signed Affidavit for the Mailed Letters to Surrounding Property Owners Indicating Public Hearing; DISCUSSION The applicant proposes to open an indoor assembly business called The Liven Room at 9207 Broadway Avenue. The space is currently occupied by For the Birds, a retail business. The proposed business would be called The Liven Room, and would be available for event rentals including parties and pop-up retail events. Exhibit 1: Site Location and Aerial Section 62-25 of the Village Code describes assembly and entertainment uses as: Assembly and entertainment. Uses that provide gathering places for participant or spectator recreation, entertainment or other assembly activities. Assembly and entertainment uses may provide incidental food or beverage service. Typical uses include health clubs, gymnasiums, banquet halls, entertainment centers, billiard centers, bowling centers, cinemas, stadiums, arenas, and live theaters. Page 5 of 43 PZC 20-13 The Liven Room - Special Use Page 3 December 17th, 2020 Assembly and entertainment uses are broken into “indoor” and “outdoor” within Section 62-30 of the Village Code, which details which uses are permitted, special, or prohibited. Indoor assembly was a special use in the C-3 Zoning District before and after the Village Board approved Ordinance 2019-18, which was the result of PZC Case 18-12, C-3 Text Amendment. The Liven Room proposes to provide event rental space with a capacity of 30 people. The furnished space measures 1,100 square feet, and will be used for small parties, temporary and pop-up retail shops (permitted in the C-3 district as retail), and networking events. They plan to have an espresso bar in the space for use by its renters, but all other food will be catered. The owner of the business will be its sole employee. Parking Section 62-290 of the Village Code, which regulates parking, does not have a specific requirement for indoor assembly uses or event spaces. It does list a requirement for “Club (fraternal) or lodge,” which is a similar assembly-oriented use. The requirement is “1.0 space per 150 square feet of hall, plus 1.0 space per employee.” For uses that are not specified in the parking table, Section 62-290 allows the Village Engineer to determine the required number of parking spaces. Staff consulted with the Village Engineer, who agreed that the requirements for clubs/lodges would work for this use. According to the parking requirement for “Club (fraternal) or lodge,” The Liven Room will require (1,100 SF / 150 = 7.3 + 1 employee = 8.3 ~ 9) 9 parking spaces. The site does not have on-site parking, but the proposed business is able to meet the parking requirements due to the public parking available nearby. Section 62-291(d) of the Village Code specifies that nonresidential uses may receive credit for public parking spaces nearby, so long as they meet the following requirements: (1) The nearest pedestrian entrance to the public parking lot or garage must be located within 1,000 feet of the lot on which the subject use is located; (2) The parking facility must be open to the general public from at least 8:00 a.m. to 8:00 p.m; (3) Minimum parking requirements may be reduced by one parking space for every four parking spaces within the public parking lot or garage, not to exceed a total reduction of more than 25 spaces. The public parking on Broadway can account for this difference. A minimum of 36 parking spaces would need to be located within 1,000 feet to complete the required parking count. As shown on the next page, all of the public parking on Broadway Avenue is within 1,000 feet. There are approximately 248 public parking spaces on Broadway Avenue alone. Therefore, The proposed assembly use for the Liven Room meets the parking requirements of the Village Code. Page 6 of 43 PZC 20-13 The Liven Room - Special Use Page 4 December 17th, 2020 Exhibit 3: Distance of 1,000 feet from 9207 Broadway Avenue DISCUSSION Standards of Review for Special Uses Chapter 62-Zoning, Article IX, of the Village of Brookfield’s Code of Ordinances outlines the process and the standards of review for special uses. In developing its recommendation, the Planning and Zoning Commission shall determine the following (applicants answers below with staff comments in italics): If, and to what extent, the proposed special use at the particular location is necessary and desirable to provide a service or a facility; The storefront will be used as a boutique venue offering a furnished space for small scale celebratory events, temporary retail shops, networking, and creative connections. The espresso bar, located within the studio, is a collaboration strategy between the venue and an espresso bar bringing interest to both the venue as well as the café. If, and to what extent, the proposed special use at the particular location is in the interest of the public convenience or will provide for the general welfare of the zoning district or the village as a whole; Seeing that the space is currently being used as a gift shop/retail business, the venue’s temporary retail shops/pop-up shops and product launches can help market local small Page 7 of 43 PZC 20-13 The Liven Room - Special Use Page 5 December 17th, 2020 businesses that do not currently have a brick-and-mortar location. This type of exposure can help bring new businesses to Brookfield. Whether due to any unique or unusual circumstances, any special conditions, limitations, controls or other mechanisms should be undertaken to lessen or preclude any undesirable effects of granting the special use; Some events taking place on the weekends may cause slightly more use of parking spaces. However, due to the size of the space, functions will be limited to small groups so I do not anticipate heavy traffic. RECOMMENDATIONS Staff recommends approval of the proposed special use permit. If Commissioners are in agreement with staff’s findings and recommendations, the Commission can vote to recommend approval of the proposed special use to the Village Board of Trustees. If Commissioners vote to recommend approval, staff anticipates the Planning and Zoning Commission recommendation will be reviewed by the Committee of the Whole on January 11th, 2021 and by subsequent vote by the Village Board on January 25th, 2021. Page 8 of 43  P°.\‘F”.U‘:‘>.°’."3 Page 9 of 43 Page 10 of 43 Page 11 of 43 Page 12 of 43 Page 13 of 43 Page 14 of 43 Page 15 of 43  VILLAGE OF BROOKFIELD BROOKFIELD, ILLINOIS 60513 JOURNAL OF THE PROCEEDINGS OF THE PLANNING AND ZONING COMMISSION HELD ON THURSDAY, NOVEMBER 19th, 2020 IN THE BROOKFIELD VILLAGE HALL MEMBERS PRESENT: Interim Chairperson: Karen Ann Miller; Commissioners: Jennifer Hendricks, Todd Svoboda, Mark Weber, Chris Straka, Patrick Benjamin; ALSO PRESENT: Elyse Vukelich, Village Planner; Michael Schwarz, Director of Community & Economic Development; Michael Garvey, Village Trustee; On Thursday, December 17th, 2020, Interim Chairperson Miller called the meeting of the Planning and Zoning Commission to order at approximately 7:00 P.M. Chairperson Miller conducted the roll call. Interim Chairperson Miller, Commissioner Hendricks, and Commissioner Benjamin attended the meeting virtually. Public Hearings PZC Case 20-13 – Special Use for The Liven Room at 9207 Broadway Avenue Motion to open the public hearing for PZC Case 20-13 by Commissioner Straka, seconded by Commissioner Svoboda. The motion carried 6-0. Village Planner Elyse Vukelich gave a presentation on the proposed special use. The proposed business, called The Liven Room, is a proposed indoor assembly use in the C-3 Zoning District. The business would serve as an event rental space, and measures 1,100 square feet. The space would be rentable for small parties, temporary and pop-up retail shops, and networking events. An espresso bar will also be located on-site. There is no parking requirement for event rental spaces, so staff used the parking requirement for clubs/fraternal lodges. Though there is no on-site parking, The Liven Room can meet the requirements of the parking code through public parking credits. Vukelich stated that staff recommends approval of the special use. Commissioner Hendricks asked if religious assembly is included under indoor assembly. Vukelich explained that it is, and that indoor assembly was a special use in the C-3 Zoning District prior to the 2019 text amendment that changed some of the uses from permitted to special uses. Commissioner Hendricks asked if this was similar to the special use permit for the Compassion Factory, across the street from 9207 Broadway. Vukelich said that it was the same use. Commissioner Straka said that there were restrictions on that special use permit regarding gatherings and hours. Commissioner Weber asked for more details regarding on-site alcohol consumption. Vukelich stated that the applicant does not plan to serve alcohol or have a bar on-site, but may consider requesting a BYOB liquor license. The applicant is aware they need approval from the Village Board for that. Commissioner Weber also asked about hours of operation. Vukelich said that the applicant will answer questions on that during the presentation. Commissioner Svoboda asked if there were any restrictions on loading or un-loading in front of the business. He explained that with an event rental space, loading items out of a truck may be necessary at times. He wanted to know PZC 12/17/20 1 of 3 Page 16 of 43 whether this would take place in front on Broadway Avenue, or behind the business. Vukelich said there is space in the back that can be used for loading. She asked the applicant to elaborate on that during the presentation. APPLICANT PRESENTATION: Michelle Ficco of 9207 Broadway said that events will never go past 10:00 PM. She mentioned that the restaurant next door is open until 10:00 PM and anticipated possibly using them to cater certain events. Ms. Ficco said that loading is not a concern of hers. She also mentioned there is space in the back to bring in food. Interim Chairperson Miller asked if people will ever need space to unload tables or chairs. Ms. Ficco said that the space is furnished and will not require additional furniture. Commissioner Svoboda asked if the glazing on the windows would remain transparent. Ms. Ficco said that it would remain clear. They may have shades on windows in the case of an event that would prefer more privacy. Commissioner Hendricks asked if the espresso bar would be open to the public. Ms. Ficco said that it will be open Monday through Friday, as long as there are no events scheduled during that time period. She explained that the espresso bar is not the main purpose of the space, but will be open to the public. PUBLIC COMMENT: None. Commissioner Svoboda made a motion, seconded by Commissioner Benjamin, to close the public hearing. The motion carried 6-0. COMMISSIONER DELIBERATION: Commissioner Svoboda said that he was in favor of the special use so long as the owner of the business follows all rules and regulations. Commissioner Straka agreed. Commissioner Hendricks said that when the gallery across the street petitioned for a special use for indoor assembly, she felt they received more questions about revenue for sales tax. She also mentioned that restrictions on hours of operations were placed on the other business. Commissioner Straka said that there were concerns about property taxes with the art gallery. Interim Chairperson Miller said that it also seems like The Liven Room will offer the opportunity for pop-up businesses, which may provide some sales tax. Village Planner Elyse Vukelich said that pop-up retailers would still be required to pay sales tax in Brookfield. Commissioner Hendricks asked if the special use would go along with the property if the space were purchased. Vukelich said that if someone bought the business, the special use would continue with it, but if someone bought the property and opened a new indoor assembly use, they would need to come before the Commission for approval. Commissioner Benjamin thanked Keith Brennan, who currently owns the retail business in the space, operating in Brookfield. He likes the espresso bar idea, and feels supportive of the project. Interim Chairperson Miller mentioned that she will also miss For The Birds, the existing business. She is happy to see the space not remain vacant. She is supportive of the project. PZC 12/17/20 2 of 3 Page 17 of 43 Commissioner Benjamin made a motion, seconded by Commissioner Svoboda, to approve PZC Case 20-13. The motion carried 6-0. New Business Approval of Minutes from November 19th, 2020 with amendments. Motion by Commissioner Straka, seconded by Commissioner Svoboda. Motion carries, 4-0, with Interim Chairperson Miller and Commissioner Benjamin abstaining. Old Business None. Staff Update Village Planner Elyse Vukelich gave an update on the Curb Cut Text Amendment, which was approved by the Village Board. She also mentioned that she presented the cases from the previous meeting at Committee of the Whole. She also mentioned that the Village Board approved an agreement with Hitchcock Design Group to begin design of the Kiwanis Park Canoe Launch. Community Development Director Michael Schwarz gave an update on the Ogden Avenue Corridor Plan. Next Meeting: Scheduled for Thursday, January 28th, 2021. Public Comment: None. Adjournment At approximately 7:32 p.m. there was a motion made by Commissioner Hendricks to adjourn, seconded by Commissioner Benjamin. Motion carries, 6-0. Charles Grund Chairman Planning & Zoning Commission Village of Brookfield Brookfield, Illinois /lls PZC 12/17/20 3 of 3 Page 18 of 43  Committee Item Memo Meeting Date: January 11, 2021 Staff Contact: Michael Schwarz, Community Development Director Department: Community Development Subject: Buffering Distance Requirements Between Sidewalk Cafes and Residential Property Background Information: At the October 26, 2020 Committee-of-the-Whole meeting, the Village Board discussed the request of Brian Volpe, the owner of the Cordial Inn at 9207 W. 31st Street. Mr. Volpe had approached the Village about possibly turning the Cordial Inn temporary outdoor dining patio into a permanent outdoor dining patio. The temporary outdoor dining patio is currently located in the adjacent alley, which is Village right-of-way (the previous Committee Memo is attached for reference). The Village Board discussed the possibilities of either vacating the alley permanently and selling Mr. Volpe the land or leasing the land to Mr. Volpe for a period of time to be determined. At that time Village staff also intended to contract with a property appraiser to prepare a written appraisal in order to determine the fair market value of the land. Shortly after the Committee-of-the-Whole meeting, it was discovered that Section 6-103 of the Brookfield Code (Chapter on Alcoholic Beverages) imposes buffering distance requirements between sidewalk cafes and residential property. This section of the Code is attached for reference. In this case the proposed outdoor dining patio would be considered the same as an outdoor café. Specifically, Section 6-103 (b)(3)(b) reads as follows and the highlighted text is emphasized: (3) Sidewalk cafes shall only be located on public rights-of-way immediately adjacent to and abutting a regularly licensed establishment subject to the following conditions: a. Applicants whose establishments are licensed restaurants where the serving of food is the primary business purpose shall only establish such sidewalk cafes at least 50 feet from any residence in an adjacent residentially zoned district, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest developed property line; b. Applicants whose establishments are not licensed restaurants where the serving of food is not the primary business purpose, but where the serving of alcoholic liquor is the primary business purpose, shall only establish such sidewalk cafes at least 200 feet from any residence in an adjacent residentially zoned district, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to Page 19 of 43  the closest developed property line; provided, however, when the residential district is separated from the commercial or industrial district by a street, in which case, the sidewalk café must be located 80 feet from any residences in adjacent residentially zoned areas, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest residential structure; or c. The outdoor cafe must be adequately enclosed with a minimum three-foot high fence, wall or enclosure to ensure privacy and the control of alcoholic liquors. All alcoholic liquors shall be delivered to the outdoor cafe by an employee or owner, of the licensed premises, with no alcoholic liquors being carried from the regular premises to the outdoor cafe by the customer. All external music from bands, groups, amplification systems or excessive noise must cease in the outdoor cafe at 10:00 p.m. on all days, except Friday, Saturday and legal holidays, when it must cease at 10:30 p.m.; In this case, the Cordial Inn's proposed permanent outdoor dining patio is not able to comply with the 200-foot buffer distance from the nearest residential property line of the house located at 3110 Maple Avenue. The current temporary tent is only approximately 35 feet from the nearest residential property line. There is no available area on the west side of the Cordial Inn that would be able to comply with the current 200-foot buffer distance requirement, given that the overall depth of the property is only 125.75 feet. The proposed permanent outdoor dining patio would be able to comply with a 100-foot buffer distance, but this would only allow for the first 25 feet of property south of 31st Street to be utilized, and the outdoor dining patio would be situated in front of the north wall of the Cordial Inn building, and not alongside the building as the temporary tent is situated currently. Finally, the proposed permanent outdoor dining patio easily would be able to comply with a 50 to 75-foot buffer distance, which would allow for the first 50 to 75 feet of property south of 31st Street to be utilized, and the outdoor dining patio potentially could be situated partially in front of the front building wall, and partially alongside the building as the temporary tent is situated currently. The Village Attorney has indicated that it would be necessary to amend this section of the Code in order for the Cordial Inn to be able to sell alcohol from the proposed permanent outdoor dining patio. Village staff looked at adjacent communities’ regulations on the sale of alcohol in outdoor areas. The Village of Berwyn requires 50 to 100-foot separation between outdoor cafes and residential properties. The Village of La Grange does not have a minimum separation but does require a Special Use Permit for outdoor dining areas in commercial districts so that each location may be reviewed on a case-by-cases basis. The La Grange Code does require an alley to be located between an outdoor dining area and the nearest residential zoning district. La Grange staff indicated that the proximity to a residence is always an important factor when their Village Board considers applications, and this has worked well so far. The Village of Western Springs does not have anything in its Code regarding buffer/distance requirements for outdoor cafés. Staff believes that the current 200-foot buffer distance requirement may be excessive, considering that establishments that primarily serve food and choose to serve alcohol outdoors only must comply with a 50-foot buffer distance requirement. Therefore, it is staff's recommendation that the 200-foot buffer distance be reduced to 50 feet for consistency. Per Page 20 of 43 the following table, currently there are only six (6) Class 2 license holders that also have a Class S subsidiary license that allows the sale of alcoholic beverages external to the premises. The Cordial Inn does not currently have a Class S subsidiary license and would need to apply for one. Class S Subsidiary License to allow Class 1 License Address sale of alcohol external to the premises Cordial Inn, Inc. 9207 W. 31st St. Class 2 License 8436 Brookfield Zubar Ave. Joe's Saloon, Inc. 9220 W. 47th St. Ryan's Public House 8942 Ogden Ave. Yes 8869 Burlington Irish Times Yes Ave. RJD Enterprises dba Off Broadway Pub 9048 Monroe Ave. Yes 8901 W. Burlington Phil's Sport Bar & Grill Yes Ave. Sebastians Ale and Whiskey House 8900 Fairview Ave. Yes The Little Owl 3747 Grand Blvd. Slagers on 47th 9308 W. 47th St. Yes Skardallia, Inc. 9237 Ogden Ave. Class 2B License Pub 78, LLC 3733 Grand Blvd. Financial Impact: None. Recommendation(s): Village staff recommends that the Village Board review and discuss the current buffering distance requirements for sidewalk cafes and consider amending Section 6-103(3)(b) of the Code to reduce the 200 foot requirement to 50 feet so that there is consistency between Page 21 of 43 establishments that primarily serve food as their primary business versus establishments that do not serve food as their primary business. Attachments: COW Memo - Cordial Inn Alley Vacation - 10.26.20 All Attachments to COW Memo - Cordial Inn Alley Vacation Sec. 6-103 - Outdoor cafes Sec. 6-102 - Class S, S1 and S2 Subsidiary Licenses 20201007_CordialInn_AlleyMap_Revised Page 22 of 43  COMMITTEE ITEM MEMO ITEM: Cordial Inn Alley Vacation BOARD MEETING DATE: October 26, 2020 PREPARED BY: Michael J. Schwarz, AICP, Director of Community and Economic Development PURPOSE: Discussion and Policy Direction BUDGET AMOUNT: N/A BACKGROUND: Brian Volpe, the owner of the Cordial Inn at 9207 W. 31st Street has approached the Village about possibly turning their temporary outdoor dining patio into a permanent one. The temporary outdoor dining patio is currently located in the adjacent alley, which is Village right-of-way. The alley which runs south from 31st Street separates the Cordial Inn’s parking lot from the building. However, the alley is blocked off with concrete barriers south of the Cordial Inn (refer to attached photos), so there is no access from the business to the residential part of the alley and visa-versa. The Superintendent of Streets for the Department of Public Works informed the Village Planner that this section of alley has been blocked off for many years and was the result of neighborhood complaints about drivers speeding through the alley. Staff has not yet been able to determine when the concrete barriers were installed, but we believe that it was at least fifteen years ago. If the Village Board is open to the possibility of vacating the alley permanently, Mr. Volpe could potentially purchase the land from the Village and consolidate the vacated alley with the other two parcels so that he may construct the desired permanent outdoor dining patio. Before Mr. Volpe invests in architectural plans and formally requests a right-of-way vacation, he is seeking feedback from staff and the Village Board on whether such a vacation of the Village right-of-way is supported. Staff from various departments have reviewed the potential permanent closure of the alley and have provided the following comments: Police Department: The Police Department does not have any concerns about closing off the alley permanently. Fire Department: The Fire Department does not have any concerns about closing off the alley permanently. They have pre-planned their operations since the time that the alley was closed temporarily. CEDD: The underlying land parcels for the existing Cordial Inn and the associated parking lot to the east, as well as the right-of-way for the alley itself, are all zoned C-4 (Local Retail District) and would require no zoning changes. However, Section 62-21 of the Village of Brookfield Municipal Code of Ordinances requires the consolidation of zoning lots in cases such as this where a proposed accessory use (an outdoor dining patio) would be situated on a parcel that is separate from the parcel that contains the principal use (Cordial Inn). In addition to filing a Plat of Vacation for the alley, the owner would be required to submit a Plat of Consolidation in accordance with Chapter 48 (Developments, Improvements, and Subdivisions) of the Village of Brookfield Code of Ordinances. In terms of the proposed right-of-way vacation, CEDD staff does not typically support the closure of alleys as these provide a necessary means of ingress and egress to residential and commercial properties. Also, CEDD staff has first-hand knowledge from other municipal experience that land uses can change over time thus triggering a potential future desire to reopen the alley. However, in this instance, the alley has been Page 23 of 43 “temporarily” closed for approximately fifteen years and staff has no knowledge of any major issues with the closure of this section of the alley adjacent to the Cordial Inn. At this point, there has been no resident input on the potential permanent closure of the alley and any input would be gathered during the required public hearing on the request for a right-of-way vacation. Public Works Department/Village Engineer: The Village Engineer has determined that the alley was improved approximately seventeen years ago (refer to the attached Engineering Plan sheets for the 2003 alley improvement project). There is a storm sewer in the alley, but it flows south and does not extend adjacent to the Cordial Inn property. There is no water main in the alley. It appears there are wooden power poles in the alley, and it is likely that these may include ComEd, AT&T, and Comcast utilities. These utilities would need to be accommodated through means of an easement to be granted and depicted on a Plat of Vacation to be approved by the Village Board and recorded with the Cook County Recorder of Deeds Office. Staff has reached out to Groot Industries, Inc. (private waste hauler for the Village of Brookfield) for their opinion on this matter. Bart Visser, Operations Manager with Groot, responded with a voice message on October 9 indicating that garbage trucks presently access the residential portion of the alley but must back down alley to Garfield Avenue. He stated that they would always prefer to drive their trucks straight through without backing up, but that the present situation doesn’t seem to be too big of an issue and that they can manage. Staff is not aware of any resident concerns about the present situation. There are nineteen single-family homes that utilize the southern section of the alley for vehicular access and/or for garbage pick-up. A garbage dumpster for the Cordial Inn is presently located in the parking lot to the west of the alley. Should the Village Board support this proposed alley vacation, staff will work with the owner to provide proper screening for the dumpster. Finally, in Illinois, when municipalities vacate public right-of-way, there is a two-step process. First, the municipality must determine that the public interest will be served by the vacation and such action must be approved by ordinance following a public hearing. Second, the municipality shall sell the vacated land to the abutting landowners for fair market value (refer to 65 ILCS 5/11-91-1 attached). In this case, the section of alley in question is located in between land that is owned by Mr. Volpe. In order to determine the fair market value, the Village would contract with a property appraiser to prepare a written appraisal. In addition to paying the Village to purchase the property, Mr. Volpe would also need to reimburse the Village for the cost of the appraisal. ATTACHMENTS: 1. Location Map/Aerial Photograph 2. Site Photos 3. Engineering Plan Sheet 3 (Existing Topography and Proposed Removal) for 2003 Alley Improvement Project, prepared by Hancock Engineering, dated 11-25-02 4. Engineering Plan Sheet 4 (Proposed Improvements) for 2003 Alley Improvement Project, prepared by Hancock Engineering, dated 11-25-02 5. Illinois Compiled Statutes concerning right-of-way vacation [65 ILCS 5/11/91-1] STAFF RECOMMENDATION: Village staff recommends that the Board review and discuss the proposed vacation of a portion of the alley and provide additional direction to staff. Pending Village Board direction, staff will communicate with Mr. Volpe on next steps. If this matter proceeds, a Request for Board Action and associated ordinances will be brought back to a future Village Board meeting for adoption following completion of the appraisal. REQUESTED COURSE OF ACTION: Page 24 of 43 Review, discussion, and direction to staff. Page 25 of 43  9207 31st Street: Cordial Inn ¯ Proposed Vacation of Alley 16.44 Feet 125.75 Feet Perimeter: 284.38 Feet Area: 2,067.33 Sq Feet Cordial Inn Parking Cordial Inn (16 spaces) 0 0.0035 0.007 Miles Page 26 of 43 10/7/2020  Site Photos of Cordial Inn and Alley between 31st Street and Garfield Avenue Photos taken October 7, 2020 Figure 1: Cordial Inn Outdoor Dining Area (view looking south) Figure 2: Cordial Inn Outdoor Dining Area (view looking south) Page 27 of 43  Site Photos of Cordial Inn and Alley between 31st Street and Garfield Avenue Photos taken October 7, 2020 Figure 3: Cordial Inn Parking Lot (view looking south) Figure 4: Alley in block bounded by 31st Street, Maple Avenue, Garfield Avenue, and Arthur Avenue (view looking north from Garfield Avenue) Page 28 of 43  Site Photos of Cordial Inn and Alley between 31st Street and Garfield Avenue Photos taken October 7, 2020 Figure 5: Alley in block bounded by 31st Street, Maple Avenue, Garfield Avenue, and Arthur Avenue (view looking north from rear of 3136 Maple Avenue Figure 6: Alley in block bounded by 31st Street, Maple Avenue, Garfield Avenue, and Arthur Avenue (view looking north from rear of 3114 Maple Avenue Page 29 of 43 Page 30 of 43 Page 31 of 43 Home Legislation & Laws Senate House My Legislation Site Map Bills & Resolutions Illinois Compiled Statutes Compiled Statutes ILCS Listing Public Acts Search Guide Disclaimer Public Acts Information maintained by the Legislative Reference Bureau Legislative Reports Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing IL Constitution process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information Legislative Guide concerning the relationship between statutes and Public Acts, refer to the Guide. Legislative Glossary Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Search By Number Public Act that has not yet taken effect, the version of the law that is currently in (example: HB0001) effect may have already been removed from the database and you should refer to Go that Public Act to see the changes made to the current law. Search Tips (65 ILCS 5/11-91-1) (from Ch. 24, par. 11-91-1) Search By Keyword Sec. 11-91-1. Whenever the corporate authorities of any Go municipality, whether incorporated by special act or under any Search Tips general law, determine that the public interest will be subserved by vacating any street or alley, or part thereof, within their jurisdiction in any incorporated area, they may Advanced Search vacate that street or alley, or part thereof, by an ordinance. The ordinance shall provide the legal description or permanent index number of the particular parcel or parcels of property acquiring title to the vacated property. But this ordinance shall be passed by the affirmative vote of at least three- fourths of the aldermen, trustees or commissioners then holding office. This vote shall be taken by ayes and noes and entered on the records of the corporate authorities. No ordinance shall be passed vacating any street or alley under a municipality's jurisdiction and within an unincorporated area without notice thereof and a hearing thereon. At least 15 days prior to such a hearing, notice of its time, place and subject matter shall be published in a newspaper of general circulation within the unincorporated area which the street or alley proposed for vacation serves. At the hearing all interested persons shall be heard concerning the proposal for vacation. The ordinance may provide that it shall not become effective until the owners of all property or the owner or owners of a particular parcel or parcels of property abutting upon the street or alley, or part thereof so vacated, shall pay compensation in an amount which, in the judgment of the corporate authorities, shall be the fair market value of the property acquired or of the benefits which will accrue to them by reason of that vacation, and if there are any public service facilities in such street or alley, or part thereof, the ordinance shall also reserve to the municipality or to the public utility, as the case may be, owning such facilities, such property, rights of way and easements as, in the judgment Page 32 of 43 of the corporate authorities, are necessary or desirable for continuing public service by means of those facilities and for the maintenance, renewal and reconstruction thereof. If the ordinance provides that only the owner or owners of one particular parcel of abutting property shall make payment, then the owner or owners of the particular parcel shall acquire title to the entire vacated street or alley, or the part thereof vacated. The determination of the corporate authorities that the nature and extent of the public use or public interest to be subserved in such as to warrant the vacation of any street or alley, or part thereof, is conclusive, and the passage of such an ordinance is sufficient evidence of that determination, whether so recited in the ordinance or not. The relief to the public from further burden and responsibility of maintaining any street or alley, or part thereof, constitutes a public use or public interest authorizing the vacation. When property is damaged by the vacation or closing of any street or alley, the damage shall be ascertained and paid as provided by law. (Source: P.A. 93-383, eff. 7-25-03; 93-703, eff. 7-9-04.) Home | Legislation & Laws | House | Senate | My Legislation | Disclaimers | Email This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706 217-782-3944 217-782-2050 (TTY) Page 33 of 43 Sec. 6-103. - Outdoor cafes. (a) A Class S or S2 subsidiary license is required for retail sale of alcoholic liquor on private property exterior to the regularly licensed premises. This license will only be issued to establishments that are located in either commercial or industrial zoned areas of the village. (1) In commercial or industrial zoned areas of the village, Class S or S2 licenses will only be issued to licensed restaurants where the serving of food is the primary purpose of the establishment. The outdoor cafe must be at least 50 feet from any residentially zoned property in adjacent residential zones. This distance shall be measured from the nearest fence of the outdoor cafe to the closest developed property line. (2) In commercial or industrial zoned areas, Class S or S2 licenses will only be issued to a licensee where the serving of food is incidental to the establishment's primary purpose, the sale of alcoholic liquor; however, the outdoor cafe must be located 200 feet from any residence in adjacent residentially zoned areas that distance being measured from the nearest fence of the outdoor cafe to the residentially zoned property, except, however, when the residential district is separated from the commercial or industrial district by a right-of-way, then the outdoor cafe must be located 80 feet from any residentially zoned property, and the distance shall be measured from the nearest fence of the outdoor cafe to the closest residential structure. (3) The outdoor cafe must be adequately enclosed with a minimum six- foot high fence, wall or enclosure to ensure privacy and the control of alcoholic liquors. All alcoholic liquors shall be delivered to the outdoor cafe by an employee or owner of the licensed premises, with no alcoholic liquors being carried from the regular premises to the outdoor cafe by the customer. All external music from bands, groups, amplification systems or excessive noise must cease in the outdoor cafe at 10:00 p.m. on all days, except Friday, Saturday and legal holidays, when it must cease at 10:30 p.m. (b) A Class S1 subsidiary license is required for the retail sale and dispensing of alcoholic liquor on any public right-of-way immediately adjacent to and abutting a regularly licensed premise. A Class S1 subsidiary license shall be an additional license issued for an establishment that has also been issued a regular liquor license pursuant to and in accordance with this chapter 6, and shall only be for the purposes of allowing retail Page 34 of 43 sales and dispensing of alcoholic liquor on any public right-of-way immediately adjacent to and abutting a regularly licensed premises. A Class S1 subsidiary license shall only be issued to establishments subject to the following conditions: (1) The applicant has applied for and been granted a permit to operate a sidewalk café pursuant to and in accordance with chapter 46 of this Code; (2) The applicant shall provide evidence to the local liquor control commissioner, at the time of its application for a Class S1 subsidiary license, that the regularly licensed premises and the area on the immediately adjacent to and abutting public right-of-way to contain the sidewalk cafe are covered by Dram Shop Liability Insurance in maximum limits so as to hold harmless the village, its elected or appointed officials, officers, employees, agents, representatives, and attorneys from all financial loss, damage, or harm, and shall name the village, its elected or appointed officials, officers, employees, agents, representatives, and attorneys as additional insured. Such Dram Shop Liability Insurance shall cover all lessees, licensees, or invitees who may use the regularly licensed premises and the immediately adjacent and abutting public right-of-way to contain the sidewalk cafe; alternatively, the applicant may deliver evidence that the lessee, licensee, or invitee carries adequate Dram Shop Liability Insurance in a manner consistent with this subsection (b)(2); (3) Sidewalk cafes shall only be located on public rights-of-way immediately adjacent to and abutting a regularly licensed establishment subject to the following conditions: a. Applicants whose establishments are licensed restaurants where the serving of food is the primary business purpose shall only establish such sidewalk cafes at least 50 feet from any residence in an adjacent residentially zoned district, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest developed property line; b. Applicants whose establishments are not licensed restaurants where the serving of food is not the primary business purpose, but where the serving of alcoholic liquor is the primary business purpose, shall only establish such sidewalk cafes at least 200 feet from any residence in an adjacent residentially zoned district, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest developed property line; provided, however, when the residential district is separated Page 35 of 43 from the commercial or industrial district by a street, in which case, the sidewalk café must be located 80 feet from any residences in adjacent residentially zoned areas, which distance shall be measured from the nearest fence, or other distinguishing feature, of the sidewalk cafe to the closest residential structure; or c. The outdoor cafe must be adequately enclosed with a minimum three-foot high fence, wall or enclosure to ensure privacy and the control of alcoholic liquors. All alcoholic liquors shall be delivered to the outdoor cafe by an employee or owner, of the licensed premises, with no alcoholic liquors being carried from the regular premises to the outdoor cafe by the customer. All external music from bands, groups, amplification systems or excessive noise must cease in the outdoor cafe at 10:00 p.m. on all days, except Friday, Saturday and legal holidays, when it must cease at 10:30 p.m.; (4) The local liquor control commissioner may impose such additional conditions and requirements upon a Class S1 subsidiary license that may be reasonable and appropriate to ensure that the public health, safety, welfare, and convenience are protected and preserved; and (5) A Class S1 subsidiary license term shall run concurrent with the sidewalk cafe permit and the regular liquor license issued for the establishment. In the event that either a sidewalk permit or a regular liquor license is revoked for an establishment, then the Class S1 subsidiary license for that establishment shall also be revoked. (c) A Class S3 subsidiary license is required for retail sale of alcoholic liquor on public property including, without limitation, park, playground, public right-of-way or building belonging to or under the control of the Village. This license will only be issued to holders of a Class 8 license. (Code 1964, § 03-28; Ord. No. 1990-35, 7-9-1990; Ord. No. 1994-27, 6-13-1994; Ord. No. 03-19, 6-9- 2003; Ord. No. 2006-64, 9-11-2006; Ord. No. 2014-26, § 4 , 5-12-2014) Page 36 of 43 Sec. 6-102. - Class S, S1 and Class S2 subsidiary licenses. (a) A Class S, S1 or Class S2 subsidiary license authorizes subsidiary license categories required for the retail sale of alcoholic liquor in locations external to the premises, such as outdoor cafes. No Class S, S1 or Class S2 subsidiary license will be issued unless a regular Class 1 through 7 or Class 9 through 12 license has been applied for and granted. (b) Each Class S, S1 or Class S2 subsidiary license shall be independent of the regular license for purposes of enforcement; provided, however, if the regular Class 1 through 7 or Class 9 through 12 license is revoked, the Class S, S1 or Class S2 subsidiary license shall also be revoked. (c) For holders of Class S or Class S1 subsidiary license, hours during which no liquor shall be sold shall be as follows: (1) For every day except Friday, Saturday, Sunday and legal holidays, between 10:00 p.m. and 11:00 a.m. (2) On Friday, Saturday and legal holidays, between 11:00 p.m. and 11:00 a.m. (3) On Sundays, between 10:00 p.m. and 11:00 a.m. (d) For holders of a Class S2 subsidiary license, the hours during which no liquor shall be sold shall be the same as the regular Class 1 through seven license issued to the licensee. ( Ord. No. 2014-26, § 3 , 5-12-2014) Editor's note— Ord. No. 2014-26, § 2 , adopted May 12, 2014, amended § 6-102 in its entirety to read as herein set out. Former § 6-102, pertained to Class S and Class S1 subsidiary licenses. See Code Comparative Table for a detailed history of derivation. Page 37 of 43  9207 31st Street: Cordial Inn ¯ Proposed Vacation of Alley 16.44 Feet 125.75 Feet Perimeter: 284.38 Feet Area: 2,067.33 Sq Feet Cordial Inn Parking Cordial Inn (16 spaces) 0 0.0035 0.007 Miles Page 38 of 43 10/7/2020  Committee Item Memo Meeting Date: January 11, 2021 Staff Contact: Carl Muell, Public Works Director Department: Public Works Subject: Discussion Regarding Phase I and Phase II Engineering Completed for Three Surface Transportation Program Resurfacing Projects Background Information: Local Fund for six (6) projects. Funding has been programmed for the following 3 projects: 1. Burlington Avenue Improvements (Funding in 2024) 2. Ogden Avenue Corridor Improvements – Phase I Engineering (Funding in 2023) 3. 31st Street and Maple Avenue Intersection Improvements (Phase I Engineering is being completed as part of the Des Plaines River Trail South Extension). The following 3 projects were not programmed for funding during the Central Council of Mayor’s (CCM’s) 5-Year Program (2021 – 2025). 1. Brookfield Avenue and Grand Boulevard (3700 Block) Resurfacing Project 2. Washington Avenue Resurfacing Project (Kemman to Prairie) 3. Shields Avenue Resurfacing Project (Maple to Custer) The CCM has notified all municipalities that applied for projects that didn’t score high enough to be included in the 5-Year Program that they feel there is a good possibility that contingency funding will become available during the 5-Year Program. The above 3 Brookfield Resurfacing Projects were the 3 highest rated projects in the CCM Program to not be included in the 5-Year Program and would therefore be the first 3 projects eligible to receive Contingency Funding if it becomes available. If Contingency Funding becomes available, there is a short window in which to obligate the available funding (approximately 4 – 8 months). In order to allow the funding to be spent in the required time period, the Phase I and II Engineering would need to be complete or substantially complete at the time Brookfield received notification of the availability of the contingency funding. The Village would fund their portion of the Project from the Rebuild Illinois MFT funds. Financial Impact: $360,000.00 Recommendation(s): Page 39 of 43 Discuss funding the Phase I and II Engineering for all 3 projects so that they are eligible to use the contingency funding for Construction and Construction Engineering should it become available Attachments: SKM_80820123014470 Page 40 of 43  _é. HANCOCK VENGINEERING Civil Engineers 9 MunicIpc1IConsulf<:1nfs OEsfob|ished1<)11 November 24, 2020 Mr. Tim Wiberg Village Manager Village of Brookfield 8820 Brookfield Avenue Brookfield, Illinois 60513 Re: STP Project Applications Dear Tim: In March 2020, the village board approved submitting funding applications to the Central Council of Mayors (CCM) for the following six (6) projects. Burlington Avenue Improvements Ogden Avenue Corridor Improvements Brookfield Avenue/GrandBoulevard Resurfacing Washington Avenue Resurfacing Shields Avenue Resurfacing 315‘Street and Maple Avenue Intersection Improvements Brookfield was awarded funding for the following projects. 1. Ogden Avenue Corridor Improvements —funding for Phase I Engineering in 2023 Burlington Avenue Improvements funding for construction in 2024 - 3. 315‘Street and Maple Avenue Intersection Improvements although not part of the above described - funding cycle, Phase I Engineering is currently underway as part of the Des Plaines River Trail South Extension Villages that have projects that did not make the current CCM 5-Year Program (2021 2025) can have these — projects placed on a Contingency List. This is a list of qualifying projects that are eligible to receive any unspent funding from the other Councils of Mayors in northeastern Illinois. During our conference call with Mike Fricano, the WCMC Municipal Liaison, he indicated that in the past there was typically unspent funding and that he anticipated that this would continue to be the case. He also said that our 3 resurfacing projects (Brookfield/Grand, Washington, and Shields) were the highest rated projects that did not receive funding in the CCM 5-Year Program and would be the first to receive contingency funding in the CCM if they were ready. Once unspent funding becomes available, it needs to be obligated within the same Federal Fiscal Year. This means that projects for which the funding can be used would need to appear on an IDOT letting within that same year. In order to have a project ready for an IDOT letting within a 4 8 month period, Phase I and Phase — II Engineering would need to be underway and substantially completed once notification was received that Contingency Funding had become available. Edwin Hancock Engineering Company 9933 Roosevelt Road 9 Wesfchesfer, IL 00154-2749 9 Phone: 708—8é5—0300 9 Fax: 708-865-1212 0 www.eh<:1ncocl<.com Page 41 of 43 Page 2 of 2 November 24, 2020 The 3 resurfacing projects are good candidates for the Contingency List. If Contingency Funding becomes available, it would allow these projects to ”move up” on the schedule and be improved between 2021 — 2025. If contingency funding does not become available for all 3 projects, there is still a benefit of having Phase I and Phase II Engineering underway or completed in that these projects would score higher in the ratings matrix for the next 5-year program and therefore would likely qualify for funding. The following is a summary of the Phase I and Phase II Engineering costs for each project. Modified Phase I Report Phase II Engineering Brookfield/Grand Resurfacing $15,000.00 $135,000.00 Shields Resurfacing $15,000.00 $75,000.00 Washington Resurfacing $15,000.00 $105,000.00 Total $45,000.00 $315,000.00 We recommend that the village board to consider including the costs for Phase I and II Engineering for these 3 projects in the 2021 budget so that Brookfield can take advantage of Contingency Funding should it become available. As part of the Rebuild Illinois Program, Brookfield is scheduled to receive an additional $417,000 in MFT funds each year in 2020, 2021, and 2022. We confirmed that the costs for Phase I and Phase ll Engineering for the above 3 projects qualify for the Rebuild Illinois MFT funds. Please feel free to contact our office if you should have any questions or require additional information. Respectfully submitted, EDWIN HANCOCK ENGINEERINGCO. Derek Treichel, P.E., CFM Page 42 of 43  Committee Item Memo Meeting Date: January 11, 2021 Staff Contact: Carl Muell, Public Works Director Department: Public Works Subject: Presentation of Updated Pavement Condition Report Background Information: Historically Brookfield has based its 5-Year Street Capital Improvement Plan and Annual Street Improvement Projects on a Pavement Evaluation Report which is updated periodically. The last Pavement Evaluation Report was prepared in 2013 and was used as the basis for the selection of the streets that were improved as part of the Referendum-Funded Street Improvements which were constructed from 2016 – 2021. With the Referendum-Funded Street Improvements being substantially completed in 2021, Brookfield will move into the next phase of its Street Improvement Program. This phase will include improving street pavements that were not improved as part of the Referendum-Funded Street Improvements. The Pavement Evaluation Report will assess the condition of the existing pavements and provide a preliminary estimate of costs for the various sections of street to allow the village to proactively plan and budget for future street improvement projects. As in 2013, all of the streets in Brookfield would be assessed in the evaluation report with the anticipated year for improvement. Financial Impact: $20,000 Recommendation(s): Direct Hancock Engineering to prepare an Engineering Agreement for preparing an updated Pavement Condition Report for approval at the January 25, 2021 board meeting. Page 43 of 43