Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, October 10, 2022 @ 7:00 PM or Immediately Following Village Board Meeting Edward Barcal Hall 8820 Brookfield Avenue Brookfield, IL 60513 I. ROLL CALL II. REGULAR BUSINESS 1. Discussion of Case No. 22-07 Variances from §62-290 Required Parking Spaces and §62-266 Parking Space Sizes Related to 3745 Grand Blvd. Committee Item Memo - Parking Space Sizes 2. Discussion of Case No. 22-05 Text Amendments to Chapter 62 and 42 of the Village Code Related to Establishing a Temporary Use and Event Permit Application Committee Item Memo - Text Amendments to Chapters 62 and 42 of the Village Code 3. Discussion of the 2023 Street Improvement Project Committee Item Memo - 2023 Street Improvements Project III. PUBLIC COMMENT IV. EXECUTIVE SESSION V. ADJOURNMENT Page 1 of 23  Committee Item Memo Meeting Date: October 10, 2022 Staff Contact: Kate Portillo, Village Planner Department: Community Development Subject: Discussion of Case No. 22-07 Variances from §62-290 Required Parking Spaces and §62-266 Parking Space Sizes Related to 3745 Grand Blvd. Background Information: On August 5, 2022, Mr. Andy Kwak made an application to the Planning and Zoning Commission for variances related to the on-site residential parking requirements for the existing mixed-use building under renovation at 3745 Grand Boulevard. The property is located in the SA-1 zoning district. In 2021, the Village Code was amended to eliminate on-site commercial parking requirements for the SA-1 and SA-4a zoning districts and so there are no parking regulations related to the three (3) ground floor commercial uses (end-users presently unknown). The six (6) second floor residential units require 1.25 parking spaces per unit. Subject Site: Page 2 of 23 The Planning and Zoning Commission held a public hearing on September 22, 2022, to consider the petitioner requests for relief from the Village Code requirements as follows: • A variance from §62-290 Required number of parking spaces from eight (8) to six (6), with credit for one motor vehicle space by providing six long-term bicycle spaces within the building. • A variance from §62-266 Parking space sizes from the required parallel stall length of 24 feet to 16.17 feet for two (2) spaces (labeled #1 and #2 on exhibit), from the required 45 degree stall length of 17.5 feet to 16 feet for two (2) spaces (labeled #3 and #4 on exhibit), and from the required parallel stall length of 24 feet to 16 feet for one (1) parking space (labeled #5 on exhibit). The proposed parking stalls meet the size requirements of the 2018 Illinois Accessibility Code of 8 feet in width by 16 feet in depth. During the public hearing, Village Planner Kate Portillo gave the staff report and noted that the project is a renovation of an existing structure that represents no change in use and therefore there is not a requirement for an accessible space to be included in the provided off-street parking. Overnight parking in the immediate area is available on portions of Grant Avenue between Grand Boulevard and Forest Avenue, portions of Prairie Avenue between Grant Avenue and Brookfield Avenue, and on both sides of Forest Avenue between Brookfield Avenue and Grant Avenue. Commissioners raised questions related to the parking space size, parcel lines, and striping of parking. Members of the public raised questions related to alley clearance, alley conditions, site drainage, and potential encroachments on the loading areas and rear access of adjoining properties. Both the petitioner and Village Planner responded to questions and clarified that all parking will be within the parcel boundaries and not encroach on either the alley or other parcels. Commissioners explained that questions related to alley conditions and drainage are outside of the purview of the Commission. Findings of Fact: The Commission deliberations contemplated the standards of review for the petition request: Variance Standards 1. The hardship alleged is found to be derived from the conditions of the existing property which prevent full use to the same extent other properties in close proximity can be used as the rear parcel line is not a straight line but instead zig-zags and is located at a turn in the alley. 2. The hardship alleged is not self-created or self-imposed by the applicant or any acts of the prior owner as the primary structure is existing and there is a finite amount of space in which legal parking spaces may be located. 3. No other reasonable means exist other than the requested variations by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the property. 4. The variations sought related to the existing site and proposed site improvements will not impair the adequate supply of light or air to the adjacent property. Page 3 of 23  5. The variations sought will not unreasonably diminish the values of the adjacent property in that the property is being renovated with the intention of future full occupancy thereby potentially increasing the values of the adjacent property. 6. The variations sought will not unreasonably increase congestion in the public streets or otherwise endanger public safety. 7. The variations are in harmony with the general purpose and intent of the Village ordinances. Recommendations: By unanimous vote of 4 ayes, 0 nays and 0 abstaining, the Planning and Zoning Commission moved to recommend the following, with the stipulation that the three exterior parking spaces will be properly striped according to the Village Code: • To allow a variance in required residential parking from eight (8) spaces to six (6) spaces. • To allow a variance in the length of each parking space as follows: two parking spaces reduced from the required stall length of 24' to 16.17', two parking spaces reduced from the required stall length of 17.5' to 16', and one parking space reduced from the required stall length of 24' to 16'. Financial Impact: n/a Recommendation(s): Village staff recommends the Village of Brookfield Committee of the Whole discuss the petition request and attached recommendation from the Planning and Zoning Commission and direct the Village Attorney to prepare an Ordinance for vote at the next Village Board meeting. Attachments: Proposed Parking Configuration Exhibit_3745 Grand Blvd parking variances Page 4 of 23  Parking Exhibit: Proposed Parking Configuration and Requested Zoning Relief for 3745 Grand Boulevard Rear Parcel line highlighted in yellow Page 5 of 23  Committee Item Memo Meeting Date: October 10, 2022 Staff Contact: Emily Egan, Community Development Director Department: Community Development Subject: Discussion of Case No. 22-05 Text Amendments to Chapter 62 and 42 of the Village Code Related to Establishing a Temporary Use and Event Permit Application Background Information: On July 11, 2022 the Committee of the Whole directed the Planning and Zoning Commission (PZC) to hold a public hearing to discuss text amendments to create a Temporary Use and Events Permit. The PZC held a public hearing on the matter on August 25, 2022 and continued to discuss it on September 22, 2022. The intent of these Text Amendments is to provide a consistent and predictable process for those applying for a Temporary Use and Event Permit, a uniform review of all departments of each application, and a simplification of the Village Code. Examples of the type of events which would require this permit are the Old Fashioned Streetdance, school district fun runs in the right-of-way, carnivals, etc. The PZC took public testimony and recommended changes to the proposed Text Amendments. Changes from the initial recommendation provided by staff include: removing and relaxing the timeframe restrictions, including a hold harmless agreement, including exemptions for government entities, private parties, and more, and a reduced application fee. After the changes were made the Commission voted 4-0 (unanimously) to recommend approval of the text amendments to the Committee of the Whole. Attachments to this memo include: • Draft application • Draft hold harmless agreement • Complete clean copy of text amendments • Redlined text amendments Financial Impact: N/A Recommendation(s): Page 6 of 23 Staff recommend discussing the proposed text amendments and directing the Village Attorney to prepare an ordinance adopting the changes. Attachments: 2022 Temporary Use and Event Application 2022 Hold Harmless agreement CLEAN DRAFT Case 22-05 Draft Proposed Text Amendments related to Temporary Use and Event Permit Redlined Text Amendments_Temporary Uses and Events Page 7 of 23  Village of Brookfield Community Development Department 8820 Brookfield Avenue, Brookfield, Illinois 60513-1688 (708) 485-7344 • www.brookfieldil.gov Temporary Use & Event Permit Application Property Owner Information Full Name: Address: Email Address: Phone number: Applicant/ Organization Information (If different from property owner) Name: Address: Email Address: Phone number: Emergency Contact Person: Name: Email Address: Phone number: Event/ Use Information Event Name: Event Location: Event Description: Date(s): Hours of operation: Estimated number of attendees: Street or Sidewalk closures: Alcohol  Yes  No If alcohol is sold, vendor must have current Brookfield Liquor license of required type. Food Truck  Yes  No If a food truck is providing food, vendor must have a current registration on file with the Village. Live Music  Yes  No If yes, list who will provide it and where it will be located. Vendors: Additional Requirements Please submit the Hold Harmless agreement, event site plan, and written consent from the property owner granting permission for the event (if different from the property owner). Printed name of Applicant Signature of Applicant Date STAFF USE ONLY BELOW THIS LINE Check and initial when approved CD PD FD PW VM_________ Page 8 of 23  Village of Brookfield 8820 Brookfield Avenue • Brookfield, Illinois 60513-1688 (708) 485-7344 • FAX (708) 485-4971 www.brookfieldil.gov USE OF PROPERTY AND HOLD HARMLESS AGREEMENT Whereas, the ________________________ (name of “Organization”) desires to use the property located at _____________________________ (“the Premises”) for a _______________________________________ (“Event”). Whereas, the Village of Brookfield, hereinafter referred to as the Village, agrees to allow the Organization to use the Premises for the Event in consideration of the Organization agreeing to assume all risk and liability pertaining to the Event. Now therefore, the Organization agrees as follows: To the fullest extent permitted by law, the Organization hereby indemnifies, defends, and holds harmless the Village and it officials, employees, agents and volunteers from and against any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from the Event or connected with an act or omission of the Organization, or an agent, invitee, guest, employee, or anyone in, on or about the Premises invited by and/or with the permission and consent of the Organization, with respect to the Premises or the operations, activities or services, of any nature whatsoever, of the Event, including, but not limited to, liability expense and claims for: bodily injury, death, personal injury, or property damage caused by the negligence, creation or maintenance of a dangerous condition of property, or intentional infliction of harm or violation of state and federal laws. Nothing set forth in this Agreement shall be deemed a waiver by the Village of any defenses or immunities that are or would be otherwise available to the Village or its officials, employees, agents or volunteers under the provisions of the Illinois Local Government and Governmental Employees Tort Immunity Act, or that are otherwise available to local governments and their corporate authorities, officers, employees, agents and volunteers under the common law of the State of Illinois or the United States of America. The provisions of this Section shall survive the expiration or earlier termination of this Agreement or renewal thereof. Without limiting the Organization’s indemnification of the Village as provided above, the Organization shall provide and maintain at its own expense for the Event the below listed policies of insurance or liability coverage covering the activities, services or operations relating to the Event. All such insurance of the Organization and the insurance of the owners/operators shall be secured through a carrier(s) satisfactory to the Village. Satisfactory evidence of such insurance and any required endorsements, including the insurance required of the owners/operators, will be delivered to the Village Manager prior to the Event. The Village insurance or liability coverage shall always be deemed excess over any other insurance or liability coverage whether primary, excess, pro rata, contingent or any other basis. a. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage and $1,000,000 per occurrence for personal injury. The Village, its officials, employees, agents and volunteers shall be named as an Page 9 of 23  additional insured on a primary and non-contributory basis under the policy or coverage by original endorsement signed by a person authorized to bind coverage. b. Liquor Liability: maintain a minimum of $2,000,000 per occurrence for its sale of alcoholic beverages and require that any other party selling or serving alcoholic beverages during the Event shall provide Liquor Liability insurance in the same amount with the Village, its officials, employees, agents and volunteers named as additional insured on a primary and non-contributory basis by original endorsement signed by a person authorized to bind coverage. All policies of insurance or liability coverage shall contain a waiver of subrogation as against the Village, its official, employees, agents and volunteers except with respect to the sole negligence of the Village. The invalidity or unenforceability of any of the provisions hereof shall not affect the validity or enforceability of the remainder of this Agreement. The undersigned represents it has full authority to execute this Use of Property and Hold Harmless Agreement on behalf of the ______________________________. Agreed this ___ day of ________, 20__. ______________________________________ (Name of Business) _____________________________________ Signature of Authorized Person _____________________________________ (Authorized Person’s Title) VILLAGE APPROVAL BY: __________________________________ (Village Manger) Page 10 of 23 Proposed Text Amendments: The existing Village Code of Ordinances related to Temporary Uses are shown below. The bold and red text indicates the proposed changes. Sec. 62-45 Temporary uses and events. (a) Defined. A temporary use is a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure. (b) Authorization. Temporary uses and events may be permitted in any residential, office, commercial or industrial district pursuant to a permit that may be issued upon written application to the Village Manager. In any residential district, such temporary uses and events may only be authorized when sponsored by and for the benefit of not-for-profit, charitable, eleemosynary, or governmental entities that are a permitted or established special use in the district in which such property is located and such use or events is held on property owned or controlled by such entities. The Village Manager shall not approve or issue any permit for a temporary use or event, nor shall any such permit remain valid unless the applicant satisfies the following conditions throughout the term of the permit: (1) Compliance with all applicable provisions of Village ordinances. (2) Approval by the Community Development Department, Fire Department, and Police Department of plans for structures and plans for vehicular and pedestrian access in connection with the temporary use or event. (3) Compliance with all applicable regulations of the Cook County Health Department. (4) Compliance with conditions established by the Village Manager which are necessary to protect the public health, safety and general welfare and the objectives and policies of this Chapter and the comprehensive plan. A violation of terms and/or conditions as established by the Village Manager, not corrected within twenty- four (24) hours, shall result in the immediate termination of the temporary use and event permit. (c) Duration for Permit. A permit for a temporary use or event shall be for a fixed term established at time of issuance not to exceed consecutive or nonconsecutive thirty (30) days unless approved by the Village Manager. Within twenty-four (24) hours after termination of the permit, the permittee shall remove all temporary structures, items and debris from, and clean-up and restore the premises pertaining to the permit to a safe condition. (d) Liability Insurance Coverage Required 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, property damage and $1,000,000 per occurrence for personal injury. The Village, its officials, employees, agents, and volunteers shall be named as an additional insured on a primary and non-contributory basis under the policy or coverage by original endorsement signed by a person authorized to bind coverage. 2. Liquor Liability: maintain a minimum of $2,000,000 per occurrence for its sale of alcoholic beverages and require that any other party selling or serving alcoholic beverages during the Event shall provide Liquor Liability insurance in the same amount with the Village, its officials, employees, agents, and volunteers named as additional insured on a primary and non-contributory basis by original endorsement signed by a person authorized to bind coverage. Page 11 of 23 (e) Exemptions: The following entities and organizations are exempt from making an application for a Temporary Use or Event Permit: 1. All events in Open Space zoning districts (parks). Application for an event or use in this zoning district is made directly to the Village of Brookfield Parks and Recreation Department. 2. Block Parties. Application is made directly to the Village of Brookfield Public Works Department for this type of event. 3. All events in Government buildings and on related property. 4. Private events not open to the public exclusively on private property when the use is a permitted use in the underlying zoning district. 5. Garage Sales (see Division 5, Section 14-288 through 14-295 of the Village Code) 6. Food Trucks. Food trucks operating in the Village of Brookfield are subject to an annual registration as outlined in Chapter 14 of the Code. Sec. 62-70. – Temporary Uses. (Residential) The following temporary uses are permitted to the extent noted: (1) House, garage and yard sales having received an applicable permit from the village and which are in conformity with all regulations governing such sales. (2) Contractor's offices and equipment sheds when necessary to the on-site construction project. No such structure shall contain sleeping or major cooking facilities. Such use shall be limited to a period not to exceed 12 months. (3) Real estate sales offices and model units when an accessory to a new development. Such use shall not contain sleeping or major cooking facilities, except for display purposes. Such use shall be limited to the period of selling or leasing new units. No office use shall be used as the general office or headquarters of any firm. (4) In any open space or park, any civic use of any public property, building or structure is permitted when authorized by the governmental agency owning or controlling such property. (5) Temporary storage containers for which a permit has been issued and remains valid. (6) Any other temporary use may be permitted from time to time which does not involve permanent construction or alterations, is established for a fixed period of time with a date certain for expiration, and does not impose an undue or adverse effect on neighboring streets or property, provided that such temporary use receives specific prior approval of the president and board of trustees of the village. (Code 1964, § 30-6.01(D); Ord. No. 96-14, 3-25-1996; Ord. No. 2002-41, 9-23-2002; Ord. No. 2006-64, 9-11- 2006; Ord. No. 2017-54, § 6, 9-11-2017) Sec. 62-97 Temporary Uses. (Business) The following temporary uses are permitted to the extent noted: (1) Carnivals and circuses, provided that any such use shall be required to be reviewed by the village board of trustees prior to the holding of such an event. Such approval shall be reviewed relevant to the adequacy of the parcel in size, parking provisions and traffic access, and the undue adverse impact on other properties. Page 12 of 23 Temporary height and yard restrictions in lieu of those contained in this chapter, as well as any additional restrictions and requirements may be instituted by the village board, in a case-by-case basis, where the village board deems such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. This permission does not relieve the applicant from any applicable county, state or federal statutes or regulations, nor of other ordinances, rules or regulations of the village. (2) Contractor's office and equipment sheds when accessory to the on-site construction project. No such structure shall contain sleeping or cooking facilities. Such use shall be limited to a period not to exceed 12 months. (3) Christmas tree and wreath sales shall be permitted in the C-1, C-2 and C-4 Business Zoning Districts when a proper business license has been obtained from the village. Further, the period of such use shall be limited to a maximum of 90 consecutive days in any calendar year. The specific site is to be reviewed relevant to the adequacy of the parcel size, parking provisions and traffic access, and the adverse impact on other properties. Temporary restrictions may be established by the village board in a case-by-case basis, where it is deemed that such restrictions are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (4) Farm, fruit or vineyard, or garden produce grown or produced by the person offering them for sale, conducted only upon vacant property located in the C-1 or C-2 Business Districts when a proper business license has been obtained from the village, and limited to a period of no more than six consecutive months in any calendar year. Such items are to be sold only during daylight hours. Further, the specific site is to be reviewed relevant to the adequacy of the parcel in size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and requirements may be by the village board in a case-by- case basis, where it is deemed such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. In any other commercial zoning district, as well as upon any municipal property or the public right-of-way in any commercial district, permission for this type of temporary business may be granted upon prior formal approval of the president and village board and under provisions and to the extent that they may grant on a case-by-case basis. (5) Real estate sales offices and model units when accessory to a new development are permitted in all commercial zoning districts. Such use shall not contain sleeping or cooking facilities, except for display purposes. Such use shall be limited to the period of selling or leasing new units. No such unit may be used as the general office or headquarters of any firm. (6) Tents may be permitted in any commercial zoning district in connection with any permitted, accessory, temporary or special use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain, or in the absence of any such period, for more than ten consecutive days. Unless waived or amended by action of the village board prior to the erection of such tents, all height, bulk and yard requirements of this chapter shall be applicable. Where such tent is to be utilized for temporary seating, such as for meeting or theatrical purposes, and unless waived or amended by action of the village board prior to the erection of such tents, the number of off-street parking spaces required by this chapter shall be applicable. In all cases, any and all such tents shall be reviewed and require the approval of the village fire chief for safety requirements. (7) Sidewalk sales may be permitted within any commercial zoning district provided that such temporary use receive specific prior approval of the village board, who may institute special regulations and requirements as deemed necessary on a case-by-case basis. (8) In any open space, park, or public right-of-way in any commercial zoning district a temporary use may be permitted provided that such temporary use receive prior to its establishment specific approval by the village Page 13 of 23 board, who may make such approval subject to any restrictions and regulations which they may deem appropriate on a case-by-case basis. (9) Temporary storage containers for which a permit has been issued and remains valid. (10) Any other temporary use may be permitted from time to time in a commercial zoning district that does not involve permanent construction or alterations; is established for a fixed period of time with a date certain for expiration; and, does not impose any undue or adverse effect on neighboring streets or property. And, further provided that such temporary use receive specific prior approval of the village board who may make an approval with any restrictions which they may deem appropriate on a case-by-case basis. Sec. 62-131 – Temporary Uses. (Industrial) The following temporary uses are permitted to the extent noted: (1) Contractor's office and equipment sheds shall be permitted in the I-1 Industrial Zoning District when accessory to the on-site construction project. No such structure shall contain sleeping or cooking facilities. Such use shall be limited to a period not to exceed 12 months. (2) Christmas tree and wreath sales shall be permitted in the I-1 Industrial Zoning District when a proper business license has been obtained by the village and limited to a period of not more than 90 days in any calendar year. Further, the specific site is to be reviewed regarding its adequacy of the parcel size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and requirements may be established by the village board on a case-by-case basis, where it is deemed that such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (3) Farm, fruit or vineyard, or garden produce grown or produced by the person offering them for sale, conducted upon a vacant zoning lot located in the I-1 Industrial Zoning District shall be permitted when a proper business license has been obtained from the village; however, such use shall be limited to a period of no more than six consecutive months in any calendar year. Such items are to be sold only during daylight hours. Further, the specific site is to be reviewed relevant to the adequacy of the parcel size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and regulations may be established by the village board on a case-by-case basis, where it is deemed that such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (4) Tents may be permitted in the I-1 Industrial Zoning District in connection with any permitted, accessory, temporary or special use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain, or in the absence of any such period, ten days. Unless waived or amended by action of the village board prior to the erection of such tents, all height, bulk and yard requirements of this chapter shall be applicable. Where such tent is to be utilized for temporary seating, such as meeting or theatrical purposes, and unless waived or amended by action of the village board prior to the erection of such tents, the number of off-street parking spaces required by this chapter shall be applicable. The fire chief shall cause to be reviewed such tents for their ability to meet fire and safety standards for fire and safety hazards, and his approval shall be necessary for their occupancy or use. (5) Temporary storage containers for which a permit has been issued and remains valid. Sec. 62-167 Temporary uses. (Special Districts) Page 14 of 23 Because of the sensitive environmental nature of the area, temporary uses shall be considered only on a case- by-case basis. The request for a temporary use shall be processed in accordance with provisions regarding special use permits in division 2 of article VIII of this chapter. (Code 1964, § 30-6.04(D); Ord. No. 2006-64, 9-11-2006) Chapter 46 – Streets, Sidewalks and Right-of-way Sec. 46-108. – Authorized: permit required. The Village Manager must issue temporary use and event permits for the temporary closure of any street, sidewalk, alley or other public way, and any associated public property, for the conduct of any exhibition, block party, carnival, festival, or other special event of limited duration. Sec. 46-109. - Application. No Village right-of-way shall be closed without a temporary use and events permit issued by the Village Manager. Requests for a temporary use and event permit must be made in writing to the Community Development Department setting forth the nature of the event for which the permit is requested, the dates, times, site plan, and location of the event a minimum of four (4) weeks prior to the event date or at the discretion of the Village Manager. Sec. 46-110. - Information and supporting documentation to be included with the permit application. (a) Any such permit issued shall recite the dates, times, site plan, and location of the temporary use and event. (b) The Village of Brookfield Use of Property and Hold Harmless Agreement Sec. 46-111. - Permit copies to be provided to certain city officials. Copies of the permit issued shall be delivered, by the village manager or his designee, to the police chief, fire chief, and the department of public works and services. Sec. 46-112. - Permittee responsible for restoration of event site. All persons, corporations, groups, or other entity requesting a temporary use and event permit shall be responsible for returning street, sidewalk, alley or other public way or public place to its prior condition within twenty-four (24) hours of the conclusion of the event, including, but not limited to, removal of all trash, debris, and garbage. Appendix A – Fee Schedule Chapter 2 – Administration Temporary Use and Events Permit - $25 Page 15 of 23 Proposed Text Amendments: The existing Village Code of Ordinances related to Temporary Uses are shown below. The bold and red text indicates the proposed changes. Sec. 62-45 Temporary uses and events. (a) Defined. A temporary use is a use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure. (b) Authorization. Temporary uses and events may be permitted in any residential, office, commercial or industrial district pursuant to a permit that may be issued upon written application to the Village Manager. In any residential district, such temporary uses and events may only be authorized when sponsored by and for the benefit of not-for-profit, charitable, eleemosynary, or governmental entities that are a permitted or established conditional use in the district in which such property is located and such use or events is held on property owned or controlled by such entities. The Village Manager shall not approve or issue any permit for a temporary use or event, nor shall any such permit remain valid unless the applicant satisfies the following conditions throughout the term of the permit: (1) Compliance with all applicable provisions of Village ordinances. (2) Approval by the Community Development Department, Fire Department, and Police Department of plans for structures and plans for vehicular and pedestrian access in connection with the temporary use or event. (3) Compliance with all applicable regulations of the Cook County Health Department. (4) Compliance with conditions established by the Village Manager which are necessary to protect the public health, safety and general welfare and the objectives and policies of this Chapter and the comprehensive plan. A violation of terms and/or conditions as established by the Village Manager, not corrected within twenty- four (24) hours, shall result in the immediate termination of the temporary use and event permit. (c) Duration for Permit. A permit for a temporary use or event shall be for a fixed term established at time of issuance not to exceed thirty (30) days. Only three such permits shall be issued to the same applicant for the same premises each calendar year. Within seven days after termination of the permit, the permittee shall remove all temporary structures, items and debris from, and clean-up and restore to a safe condition, the premises pertaining to the permit. (d) Bond. If the temporary use and/or event is within any portion of the public right-of-way, the applicant for a permit under this Section shall furnish a cash bond in the sum of $2,000 per permit conditioned upon the permittee complying with all provisions of this Section. In the event the permittee fails or refuses to comply with the provisions of this Section, the bond shall be forfeited to the Village. Upon termination of the permit and compliance with the provisions of this Section, such cash bond shall be refunded to the permittee. (e) Insurance. If the temporary use and/or event is within any portion of the public right-of-way, the insurance policy shall contain commercial general liability limits not less than $1,000,000 combined single limit per occurrences for bodily injury and property damage and $1,000,000 per occurrence for personal injury. The insurance policy shall name the village, its officials, employees, agents, and volunteers as additional insured. Page 16 of 23 (e) All persons, corporations, groups, or other entity requesting a temporary closure permit shall further agree to indemnify, defend and hold harmless the village and its officials, employees, agents, and volunteers against: (1) Any actions which may be brought against the village, its officials, employees, agents, and volunteers, arising out of the license issued, the installation and use of the encroachment, or any act or omission of the licensee, its agents or assigns, or any independent contractor on the licensee's behalf; and (2) Any claim or expenses incurred by the village, its officials, employees, agents, and volunteers, in enforcing the terms and provisions of the license against the licensee. Sec. 62-70. – Temporary Uses. (Residential) The following temporary uses are permitted to the extent noted: (1) House, garage and yard sales having received an applicable permit from the village and which are in conformity with all regulations governing such sales. (2) Contractor's offices and equipment sheds when necessary to the on-site construction project. No such structure shall contain sleeping or major cooking facilities. Such use shall be limited to a period not to exceed 12 months. (3) Real estate sales offices and model units when an accessory to a new development. Such use shall not contain sleeping or major cooking facilities, except for display purposes. Such use shall be limited to the period of selling or leasing new units. No office use shall be used as the general office or headquarters of any firm. (4) In any open space or park, any civic use of any public property, building or structure is permitted when authorized by the governmental agency owning or controlling such property. (5) Temporary storage containers for which a permit has been issued and remains valid. (6) Any other temporary use may be permitted from time to time which does not involve permanent construction or alterations, is established for a fixed period of time with a date certain for expiration, and does not impose an undue or adverse effect on neighboring streets or property, provided that such temporary use receives specific prior approval of the president and board of trustees of the village. (Code 1964, § 30-6.01(D); Ord. No. 96-14, 3-25-1996; Ord. No. 2002-41, 9-23-2002; Ord. No. 2006-64, 9-11- 2006; Ord. No. 2017-54, § 6, 9-11-2017) Sec. 62-97 Temporary Uses. (Business) The following temporary uses are permitted to the extent noted: (1) Carnivals and circuses, provided that any such use shall be required to be reviewed by the village board of trustees prior to the holding of such an event. Such approval shall be reviewed relevant to the adequacy of the parcel in size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary height and yard restrictions in lieu of those contained in this chapter, as well as any additional restrictions and requirements may be instituted by the village board, in a case-by-case basis, where the village board deems such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. This permission does not relieve the applicant from any applicable county, state or federal statutes or regulations, nor of other ordinances, rules or regulations of the village. Page 17 of 23 (2) Contractor's office and equipment sheds when accessory to the on-site construction project. No such structure shall contain sleeping or cooking facilities. Such use shall be limited to a period not to exceed 12 months. (3) Christmas tree and wreath sales shall be permitted in the C-1, C-2 and C-4 Business Zoning Districts when a proper business license has been obtained from the village. Further, the period of such use shall be limited to a maximum of 90 consecutive days in any calendar year. The specific site is to be reviewed relevant to the adequacy of the parcel size, parking provisions and traffic access, and the adverse impact on other properties. Temporary restrictions may be established by the village board in a case-by-case basis, where it is deemed that such restrictions are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (4) Farm, fruit or vineyard, or garden produce grown or produced by the person offering them for sale, conducted only upon vacant property located in the C-1 or C-2 Business Districts when a proper business license has been obtained from the village, and limited to a period of no more than six consecutive months in any calendar year. Such items are to be sold only during daylight hours. Further, the specific site is to be reviewed relevant to the adequacy of the parcel in size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and requirements may be by the village board in a case-by- case basis, where it is deemed such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. In any other commercial zoning district, as well as upon any municipal property or the public right-of-way in any commercial district, permission for this type of temporary business may be granted upon prior formal approval of the president and village board and under provisions and to the extent that they may grant on a case-by-case basis. (5) Real estate sales offices and model units when accessory to a new development are permitted in all commercial zoning districts. Such use shall not contain sleeping or cooking facilities, except for display purposes. Such use shall be limited to the period of selling or leasing new units. No such unit may be used as the general office or headquarters of any firm. (6) Tents may be permitted in any commercial zoning district in connection with any permitted, accessory, temporary or special use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain, or in the absence of any such period, for more than ten consecutive days. Unless waived or amended by action of the village board prior to the erection of such tents, all height, bulk and yard requirements of this chapter shall be applicable. Where such tent is to be utilized for temporary seating, such as for meeting or theatrical purposes, and unless waived or amended by action of the village board prior to the erection of such tents, the number of off-street parking spaces required by this chapter shall be applicable. In all cases, any and all such tents shall be reviewed and require the approval of the village fire chief for safety requirements. (7) Sidewalk sales may be permitted within any commercial zoning district provided that such temporary use receive specific prior approval of the village board, who may institute special regulations and requirements as deemed necessary on a case-by-case basis. (8) In any open space, park, or public right-of-way in any commercial zoning district a temporary use may be permitted provided that such temporary use receive prior to its establishment specific approval by the village board, who may make such approval subject to any restrictions and regulations which they may deem appropriate on a case-by-case basis. (9) Temporary storage containers for which a permit has been issued and remains valid. (10) Any other temporary use may be permitted from time to time in a commercial zoning district that does not involve permanent construction or alterations; is established for a fixed period of time with a date certain for Page 18 of 23 expiration; and, does not impose any undue or adverse effect on neighboring streets or property. And, further provided that such temporary use receive specific prior approval of the village board who may make an approval with any restrictions which they may deem appropriate on a case-by-case basis. Sec. 62-131 – Temporary Uses. (Industrial) The following temporary uses are permitted to the extent noted: (1) Contractor's office and equipment sheds shall be permitted in the I-1 Industrial Zoning District when accessory to the on-site construction project. No such structure shall contain sleeping or cooking facilities. Such use shall be limited to a period not to exceed 12 months. (2) Christmas tree and wreath sales shall be permitted in the I-1 Industrial Zoning District when a proper business license has been obtained by the village and limited to a period of not more than 90 days in any calendar year. Further, the specific site is to be reviewed regarding its adequacy of the parcel size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and requirements may be established by the village board on a case-by-case basis, where it is deemed that such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (3) Farm, fruit or vineyard, or garden produce grown or produced by the person offering them for sale, conducted upon a vacant zoning lot located in the I-1 Industrial Zoning District shall be permitted when a proper business license has been obtained from the village; however, such use shall be limited to a period of no more than six consecutive months in any calendar year. Such items are to be sold only during daylight hours. Further, the specific site is to be reviewed relevant to the adequacy of the parcel size, parking provisions and traffic access, and the undue adverse impact on other properties. Temporary restrictions and regulations may be established by the village board on a case-by-case basis, where it is deemed that such restrictions and requirements are necessary to ensure the health, safety, morals and general welfare of the community as well as safeguarding the condition of the site. (4) Tents may be permitted in the I-1 Industrial Zoning District in connection with any permitted, accessory, temporary or special use. No tent shall be allowed to remain for a period of more than two days longer than the period during which the use with which it is associated is allowed to remain, or in the absence of any such period, ten days. Unless waived or amended by action of the village board prior to the erection of such tents, all height, bulk and yard requirements of this chapter shall be applicable. Where such tent is to be utilized for temporary seating, such as meeting or theatrical purposes, and unless waived or amended by action of the village board prior to the erection of such tents, the number of off-street parking spaces required by this chapter shall be applicable. The fire chief shall cause to be reviewed such tents for their ability to meet fire and safety standards for fire and safety hazards, and his approval shall be necessary for their occupancy or use. (5) Temporary storage containers for which a permit has been issued and remains valid. Sec. 62-167 Temporary uses. (Special Districts) Because of the sensitive environmental nature of the area, temporary uses shall be considered only on a case- by-case basis. The request for a temporary use shall be processed in accordance with provisions regarding special use permits in division 2 of article VIII of this chapter. (Code 1964, § 30-6.04(D); Ord. No. 2006-64, 9-11-2006) Page 19 of 23 Chapter 46 – Streets, Sidewalks and Right-of-way Sec. 46-108. – Authorized: permit required. The Village Manager city may issue temporary use and event permits for the temporary closure of any street, sidewalk, alley or other public way, and any associated public property, for the conduct of any exhibition, block party, carnival, festival or other special event of limited duration. Sec. 46-109. - Application. Requests for a temporary use and event closure permit shall be made in writing to the Community Development Department village manager setting forth the nature of the event for which the permit is requested, the dates, times, site plans, and location of the event a minimum of six (6) weeks prior to the event date or at the discretion of the Village Manager. Sec. 46-110. - Information to be included on permit. Any such permit issued shall recite the dates, times, site plans, and location of the temporary closure. Sec. 46-111. - Permit copies to be provided to certain city officials. Copies of the permit issued shall be delivered, by the village manager or his designee, to the police chief, fire chief, and the department of public works and services. Sec. 46-112. - Permittee responsible for restoration of event site. All persons, corporations, groups, or other entity requesting a temporary closure permit shall be responsible for returning street, sidewalk, alley or other public way or public place to its prior condition at the conclusion of the event, including, but not limited to, removal of all trash, debris and garbage. All persons, corporations, groups, or other entity requesting a temporary closure permit shall agree to assume all liability and shall indemnify, defend and hold harmless the village, its officials, employees, agents, and volunteers, for any injury or damage to persons or property, including the village's property, officials, employees, agents, and volunteers, occasioned by or arising in connection with any part of the encroachment, the use or occupancy of the area occupied by the encroachment, or the existence or condition of the encroachment. All persons, corporations, groups, or other entity requesting a temporary closure permit shall further agree to indemnify, defend and hold harmless the village and its officials, employees, agents, and volunteers against: (1) Any actions which may be brought against the village, its officials, employees, agents, and volunteers, arising out of the license issued, the installation and use of the encroachment, or any act or omission of the licensee, its agents or assigns, or any independent contractor on the licensee's behalf; and (2) Any claim or expenses incurred by the village, its officials, employees, agents, and volunteers, in enforcing the terms and provisions of the license against the licensee. Appendix A – Fee Schedule Chapter 2 – Administration Temporary Use and Events Permit - $50 Page 20 of 23  Committee Item Memo Meeting Date: October 10, 2022 Staff Contact: Carl Muell, Public Works Director Department: Public Works Subject: Discussion of the 2023 Street Improvement Project Background Information: On October 25th, 2021 the Village Board discussed a 5-Year Street Capital Improvement Program, which included a Pavement Evaluation Survey. A Pavement Evaluation Survey was completed in November of 2021. After recently meeting with staff to review the remaining streets to be improved and updating the Pavement Evaluation Report, the following sections of streets were recommended to be included in the 2023 Street Improvement Project. Streets were evaluated by pavement condition rating and curb and gutter rating. Park Avenue to Shields Avenue to Ogden Avenue Jefferson Avenue to Kemman Avenue to Madison Avenue Arthur Avenue to Southview Avenue to Lincoln Avenue It is staff's recommendation to direct Hancock Engineering to prepare a Design Engineering Agreement for the 2023 Street Improvement Project. Financial Impact: 2023 Street Improvement Project $2,974,580.00 funded by the general and water/sewer fund. Recommendation(s): Direct Hancock Engineering to submit a Design Engineering Agreement at the October 24th Village Board Meeting for the 2023 Street Improvement Project. Attachments: PRELIMINARY ESTIMATE OF COSTS TO TIM WIBERG 10-04-2022 Page 21 of 23 October 4, 2022 Mr. Tim Wiberg Village Manager Village of Brookfield 8820 Brookfield Avenue Brookfield, Illinois 60513 Re: 2023 Street Improvements Project Preliminary Estimate of Costs Dear Tim: After meeting with village staff to review the remaining streets to be improved, the following sections of streets were recommended to be included in the referenced project. Street Limits of Improvement Park Avenue Shields Avenue to Ogden Avenue Jefferson Avenue Kemman Avenue to Madison Avenue Arthur Avenue Southview Avenue to Lincoln Avenue As in previous years, we have also included a budgetary figure of $100,000.00 for concrete and asphalt pavement patching at various locations throughout the Village. Scope of Improvements – Street Improvements The general scope of work on these streets would include: • Replacing deteriorated sections of the mainline combined sewer • Repairing or replacing deteriorated drainage structures • Replacing the curb and gutter • Widening the street by 3’ to a total pavement width of 25’ • Installing handicap accessible sidewalk ramps at intersections and alley returns • Replacing driveway aprons that are disturbed by construction • Patching any failed areas of pavement • Milling and resurfacing the pavement • Restoring disturbed areas of the parkways with sod Page 22 of 23 Page 2 of 2 October 4, 2022 Preliminary Estimate of Costs – Street Improvements Our preliminary estimate of costs for these improvements is: Construction $2,586,580.00 Design and Construction Engineering $ 388,000.00 Total Cost $2,974,580.00 The design of the improvements would take approximately three (3) months to complete. If we receive authorization to begin field work on the streets at the second board meeting in October 2022, bidding documents including the plans, specifications, and bid proposal would be completed by February and bids would be received in March 2023. This would allow construction to begin in early April 2023. We anticipate that it will take approximately 4 months to complete the construction of these improvements. Please feel free to contact our office if you should have any questions or require additional information. Respectfully submitted, EDWIN HANCOCK ENGINEERING CO. cc: Mr. Carl Muell, Director of Public Works Mr. Doug Cooper, Finance Director Mr. Dan O’Malley, Hancock Engineering Page 23 of 23