Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, October 24, 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. 22-05 Text Amendments to Chapter 62 and 42 of the Village Code Related to Establishing a Temporary Use and Event Permit Application Committee Item Memo - Temporary Use and Event Permit Application 2. Recommendation Regarding a new Village Website Service Provider Committee Item Memo - Website 3. Approval of Estimated 2022 Tax Levy as required under the Truth in Taxation Act Committee Item Memo - Truth in Taxation Act III. PUBLIC COMMENT IV. EXECUTIVE SESSION V. ADJOURNMENT Page 1 of 30  Committee Item Memo Meeting Date: October 24, 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 2 of 30 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 3 of 30  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 4 of 30  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 5 of 30  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 6 of 30 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 7 of 30 (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 8 of 30 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 9 of 30 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 10 of 30 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 11 of 30 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 12 of 30 (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 13 of 30 (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 14 of 30 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 15 of 30 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 16 of 30  Committee Item Memo Meeting Date: October 24, 2022 Staff Contact: Stevie Ferrari, Assistant Village Manager Department: Village Manager's Office Subject: Recommendation Regarding a new Village Website Service Provider Background Information: The Village Manager’s office established an Information Technology (IT) Strategic Planning committee comprised of representatives from each Department to contribute to the development of an IT Strategic Plan. The primary purpose of the Strategic Plan was to set a direction and priority for the Village’s IT needs and infrastructure based on the operational priorities of each department and the Village’s overall goals and objectives. The Strategic Plan lays the foundation for IT project needs by Department to be considered for each budget year. It is inclusive of both hardware and software replacements, operational tools, and cyber security considerations. The Strategic Plan acts as a guiding document for Village leadership as funding allocation decisions are made during each budget cycle. The Plan provides context and prioritization for individual projects which helps ensure the long-term security and quality of the Village’s IT infrastructure. Since the implementation of this plan in 2021, the Village has been able to accomplish more than several IT initiatives across departments which has contributed to better operational efficiencies. Initiatives include: Police Department body cameras, electronic security door system, records retention software, televised board meetings, work order management system, Fire Department Mobile Data Terminal Tablets (MDT), as well as more in progress. Budgeted for 2022 in the amount of $20,000, and identified as a weakness across all departments within the It Strategic Plan Committee members is the Village website. The current website for the Village is difficult to navigate. A new site that is standardized and is easier for residents to quickly access the information most needed is important. The website is the face of the Village for both residents and neighboring communities. Having information easily accessible for visitors in the area will benefit our community. Page 17 of 30 The benefits of having a more modern, up-to-date, and streamlined website will vastly improve the Village’s ability to communicate with the public, increase transparency, and provide services more impactfully. As the Village increases its use of digital tools such as Social Media, GIS, Work Order Management System, E-Suite modules for New World System, and Rec-Trac, among others, having a website that can be more easily navigated, edited, updated and accessible will be crucial to improving services. The process of seeking a new website vendor began with assembling representatives from all Village departments that would contribute valuable input in the steps of seeking proposals and demonstrations by qualified vendors. This team reviewed the proposal and demonstrations by four different vendors: CivicPlus, CivicLive, Granicus, and Revize. Team members had the opportunity to ask specific questions related to each department, as well as see demonstrations in use of department specific items. Once the review of these four vendors was complete, the team provided a consensus in which two vendors would be welcomed back for further in depth questions, demonstrations and provision of scope of work proposals with cost estimates. Revize and CivicLive were the selected vendors. At the conclusion of the second meeting, all team members had a consensus in first choice vendor being Revize. Revize provided a robust presentation in services and was the most knowledgeable in staff questions. Additionally, Revize's service proposal came under our allotted budget amount for the first year total of $17,700 and annual maintenance of $3,900 for subsequent years. Thomas Jean, the project/proposal manager of Revize is present today to provide a brief presentation on staff requested highlights of their services including but not limited to; responsive web design allowing for a more easily navigated site for residents which will include page templates and inner page design and layout making the staff backline maintenance much more comprehensive, content migration of old website, hosted services, and analytics of site for use in future updates and maintenance of the site. Revize's field knowledge, dedication to the RFP process, final under budgeted costs and accessibility were some primary factors in their recommendation. Financial Impact: $17,700 Contract Fee Year One. $3,900 Annual Maintenance Fee Recommendation(s): Village staff recommends Revize as our new website service provider Attachments: Revize Website Sales Agreement for Village of Brookfield IL 10072022 Page 18 of 30  Page 1 of 6 Revize Web Services Sales Agreement This Sales Agreement is between The Village of Brookfield, Illinois (“CLIENT”) and Revize LLC, aka Revize Software Systems, (“Revize”). Federal Tax ID# 20-5000179 Date: 10-07-2022 CLIENT INFORMATION: REVIZE LLC: Company Name: Village of Brookfield Revize Software Systems Company Address: 8820 Brookfield Ave. 150 Kirts Blvd. Company City/State/Zip: Brookfield, IL 60513 Troy, MI 48084 Contact Name: Stevie Ferrari 708.485.1527 248-269-9263 Billing Dept. Contact: SFerrari@brookfieldil.gov CLIENT Website Address: www.brookfieldil.gov The CLIENT agrees to purchase the following products and services provided by REVIZE: Quantity Price Description 1 Phase 1: Project Planning and Analysis, SOW, onetime fee: $500.00 Phase 2 – Discovery & Design from Scratch, onetime fee: • 1 mockup with unlimited rounds of changes 1 • Home page template and inner page design and layout. • Includes Responsive Web Design $2,500.00 Phase 3 & 4 – HTML Development & Revize CMS Integration, onetime fee: 1 • Set-up all CMS modules listed in this agreement • Integration with all 3rd party web applications $5,100.00 1 Phase 5 – Quality Assurance Testing, onetime fee: $1,900.00 Phase 6 – Content Migration up to 500 webpages & documents: 1 • Site map development and content migration from old website including spell checking and style corrections $2,200.00 1 Phase 7 –Content Editing Training, onetime fee: $1,600.00 1 Phase 8 – Go Live: Included Revize Annual Software Subscription, Tech Support, CMS Updates, Website Hosting, 1 Unlimited Users, 30GB website storage, 100GB/Month Bandwidth, SSL Certificate pre- paid annual fee: $3,900.00 1 Grand Total First Year $17,700.00 Page 19 of 30  Page 2 of 6 Payment Schedule Payment Amount Payment Date Includes $ 13,275.00 11/1/2022 75% 1st Year Project Costs $ 4,425.00 3/1/2023 25% 1st Year Project Costs $ 3,900.00 11/1/2023 Year 2 of Annual Hosting & Maintenance $ 3,900.00 11/1/2024 Year 3 of Annual Hosting & Maintenance $ 3,900.00 11/1/2025 Year 4 of Annual Hosting & Maintenance AGREED TO BY: CLIENT REVIZE Signature of Authorized Person: Name of Authorized Person: ______ Thomas Jean ___ Title of Authorized Person Project Manager ___ Date: Please sign and return to: Thomas@revize.com Fax 1-866-346-8880 Page 20 of 30  Page 3 of 6 Terms: 1. Payments: All Invoices are due upon receipt. Work begins upon receiving initial payment. 2. Revize requires a check for the amount listed above to start this project. 3. Additional content migration, if requested, is available for $3 per web page or document. 4. Additional bandwidth is available at $360 per year for each additional 50GB per month. 5. Additional website storage is available at $500 per year for each additional 10GB website storage. 6. This agreement is the only legal document governing this sale & Proper jurisdiction and venue for any legal action or dispute relating to this Agreement shall be the State of Michigan. 7. Both parties must agree in writing to any changes or additions to this Sales Agreement. 8. CLIENT understands that project completion date is highly dependent on their timely communication with Revize. CLIENT also agrees and understands that; a. The primary communication tool for this project and future tech support is the Revize customer portal found at https://support.revize.com. b. During the project, CLIENT will respond to Revize inquiries within 48 hours of the request to avoid any delay in the project timeline. c. CLIENT understands that project timelines will be delayed if they do not respond to Revize inquiries in a timely manner. 9. Revize will provide a free redesign of the website in year 4 of the agreement. This assumes the CLIENT agrees to 4 consecutive years of annual software subscription, tech support, CMS updates, and hosting. 10. CLIENT owns design, content, and will receive periodic updates to the CMS for the life of the contract. 11. Unless otherwise agreed, Revize does not migrate irrelevant records, calendar events, news items, bid results, low quality images, or data that can reasonably be considered non-conforming to new website layout. 12. Storage is limited only to relevant website data. Unreasonably large folders of documents or images are not permitted. Examples include, but are not limited to, plat/property maps, tax records, GIS data, etc. 13. After content migration, CLIENT is responsible for any additional content cleanup. This includes, but is not limited to, resizing photos, reformatting text, replacing photos/icons, consolidating unwanted content, adding future calendar events, and general prep of the site before go live. CLIENT will also have the ability to add new photos, content, and pages. Page 21 of 30  Page 4 of 6 Enterprise Revize CMS License As part of this agreement Revize Software Systems, LLC. will provide to the CLIENT a full Enterprise Revize CMS Software license. This software is a proprietary software built and maintained by Revize Software Systems LLC. and is intended to allow for the CLIENT to easily update the content of their website. CLIENT agrees that this license will only be used to maintain the websites included in this agreement. Sharing of the content management system, by the CLIENT, with other entities not identified in this agreement is prohibited. Revize will maintain, update, and host the Revize CMS during the contract period. In the event that the contract is terminated, for any reason, Revize will provide the latest version of the Revize CMS to the CLIENT provided all payments for the entire length of the contract is fully paid. This system will then have the ability to be hosted and used by the CLIENT as long as they wish. Revize will provide reasonable support in transferring the CMS system to the CLIENT’s decided upon hosting architecture. Products CLIENT Owns Include: · Revize CMS License · Hosted Website · Source Files · All Included Revize Web Applications · Design & Page Content Page 22 of 30  Page 5 of 6 Revize will integrate the following web applications into your website The Following Applications & Features will be integrated into Your Website: In addition to the Government Content Management System that enables non-technical staff to easily and quickly create/update content in the new web site, Revize provides a suite of applications and features specifically designed for municipalities. All of those apps and features are fully described in the following section. The applications and features are grouped into five categories: Citizen’s Communication Center Apps • Notification Center with Text/Email Alerts • Bid Posting • Document Center • Email Notify • FAQs • Job Posting • Multi-use Business Directory • News Center with Facebook/Twitter Integration • Online Forms • Photo Gallery • Quick Link Buttons • Revize Web Calendar • “Share This” Social Media Flyout App • Sliding Feature Bar • Language Translator Citizen’s Engagement Center Apps • Citizen Request Center with Captcha • Public Service Request • Online Interactive Forms (Public Records Request App) • Online Bill Pay • RSS Feed Page 23 of 30  Page 6 of 6 Staff Productivity Apps • Agenda Posting Center • Job Posting App • Image Manager • iCal Integration • Intranet • Link Checker • Menu Manager • Online Form Builder • Staff Directory • Website Content Archiving • Website Content Scheduling Site Administration and Security Features • Audit Trail • Auto Site Map Generator • History Log • URL Redirect Setup • Roles and Permission-based Security Mode • Secure Site Gateway • Unique Login/Password for each Content Editor • Web Statistics and Analytics • Workflows by Department Mobile Device and Accessibility Features • Font Size Adjustment • Alt-Tags • Responsive Website Design (RWD) Page 24 of 30  Committee Item Memo Meeting Date: October 24, 2022 Staff Contact: Doug Cooper, Finance Director Department: Finance Subject: Approval of Estimated 2022 Tax Levy as required under the Truth in Taxation Act Background Information: The Village is required to pass a Resolution estimating the amount of the 2022 Tax Levy. Under the Property Tax Extension Limitation Law (PTELL or the Tax Cap), the Village is allowed to increase its levy from the previous year’s levy by an amount of the lower of the Consumer Price Index (CPI) or 5%. For the 2022 Tax Levy, the CPI was 7.0%--allowing the Village to increase the Tax Levy up to 5%, exclusive of any new growth. New growth in property value is exempt from PTELL, and the Village historically has set its levy request at an amount that will ensure full capture of that growth. The 5% growth allowed for the 2022 Tax Levy is the highest increase allowed for over 25 years. The estimated levy for the Village’s capped taxes has been set at a 6% growth level. The Library has not yet approved its Tax Levy for 2022; it is expected that the final 2022 Library Tax Levy will be adopted at the October 26, 2022 Library Board of Trustee’s Meeting. For purposes of the 2022 estimated Library Levy, an 8.3% increase over the last year’s extended levy will be used in the calculation. This has been discussed with the Executive Director of the Library. For purposes of the Truth in Taxation Resolution the Village’s 2022 estimated tax levy is $12,516,488. This represents a 4.6% increase over the 2021 extended levy. The total Village and Library Levy combined amounts to $15,066,917--an increase of 5.2% over the previous year’s levy. Financial Impact: $12,306,661 Total Estimated Village Tax Levy. Recommendation(s): Page 25 of 30 Approval of the Resolution Estimating the 2022 Tax Levy. Attachments: 2022 TAX LEVY summary for cow and bot memo truth in taxation resolution-2022 levy-with public hearing Page 26 of 30  LEVY REQUEST TO COOK COUNTY 2022 2021 Proposed Estimated Dollar Percent Specific Tax Tax Levy Tax Levy Difference Difference General Corporate 2,088,575 1,670,968 417,607 24.9919% Police Protection 2,196,543 2,072,210 124,333 6.0000% Fire Protection 2,196,543 2,072,210 124,333 6.0000% Police Pension 2,154,198 2,287,000 (132,802) -5.8068% Firefighters Pension 1,065,080 1,049,441 15,639 1.4902% Firefighter's Pension PA 93-0689 Levy--from independent actuaries From Independent Actuaries 41,082 41,082 0 0.0000% Debt Service Levies 2,774,468 2,775,098 (630) -0.0227% TOTAL VILLAGE LEVY 12,516,488 11,968,009 548,479 4.5829% LIBRARY LEVY per Board Resolution 10-26-2022 2,605,722 2,406,065 199,657 8.2981% TOTAL LEVY 15,122,210 14,374,074 748,136 5.2048% page 1 Page 27 of 30  RESOLUTION NO. R-2022 - xxxx A RESOLUTION DETERMINING THE ESTIMATED PROPERTY TAXES TO BE LEVIED FOR THE 2022 TAX YEAR OF THE VILLAGE OF BROOKFIELD, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 14th DAY OF NOVEMBER 2022 Page 28 of 30  RESOLUTION NO. R-2022- xxxx A RESOLUTION DETERMINING THE ESTIMATED PROPERTY TAXES TO BE LEVIED FOR THE 2022 TAX YEAR OF THE VILLAGE OF BROOKFIELD, ILLINOIS WHEREAS, the Truth-in-Taxation Law, (35 ILCS 200/18-55 et seq.) requires corporate authorities to determine the amounts of money, exclusive of any portion attributable to the cost of conducting an election required by the Election Code, estimated to be necessary to be raised by taxes from year to year; NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Brookfield as follows: Section 1. Determination of Estimate of Taxes to be Levied. The corporate authorities of the Village of Brookfield, Illinois, do hereby determine that the estimated aggregate tax levy amount for the 2022 tax year, exclusive of any portion of that levy attributable to the cost of conducting an election required by the general election law, is $15,122,210. Section 2. Public Hearing. A public hearing on the intent to adopt the aggregate tax levy for the 2022 tax year is hereby set to be held on Monday, December 12, 2022, at the hour of 6:30 p.m., in the Village Hall Board Room in the Municipal Building, 8820 Brookfield Avenue, Brookfield, Illinois. Page 29 of 30  Section 3. Notice. The notice of the time and place of such public hearing shall be prepared and published in the Landmark newspaper (published by Growing Community Media, NFP.) not more than 14 days nor less than 7 days before the date of the public hearing in the form and manner provided by law. Section 4. Effective Date. This Resolution shall take effect upon its passage, approval in the manner provided by law, and publication in pamphlet form. ADOPTED this 14th day of November 2022, pursuant to a roll call vote as follows: AYES: ____________________________________ NAYS: ____________________________________ ABSENT: __________________________________ ABSTENTION: ______________________________ APPROVED by me this 14th day of November 2022. ___________________________________ Michael P. Garvey, President of the Village of Brookfield, Cook County, Illinois ATTESTED this 14th day of November 2022. ____________________________________ Brigid Weber, Clerk of the Village of Brookfield, Cook County, Illinois Page 30 of 30