Committee of the Whole

Village of Brookfield Agenda Committee of the Whole Meeting Monday, January 9, 2023 @ 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 a Recommended Annual Food Truck Registration Process, Related Registration Form, and Proposed Updates to Chapter 14-Business Licensing and Regulation and Appendix A of the Village Code Committee Item Memo - Food Truck 2. Discussion of a Request for Board Support of the "Intelligentsia Cup" Bike Race Event July 26, 2023, via the Commitment of Municipal Resources with Cycle Brookfield as the Primary Sponsor Committee Item Memo - Bike Race 3. Discussion of an Agreement with the Hinsdale Humane Society for the Transfer of Care of Stray Animals Committee Item Memo - Hinsdale Humane Society III. PUBLIC COMMENT IV. EXECUTIVE SESSION V. ADJOURNMENT Page 1 of 19  Committee Item Memo Meeting Date: January 09, 2023 Staff Contact: Kate Portillo, Village Planner Department: Community Development Subject: Discussion of a Recommended Annual Food Truck Registration Process, Related Registration Form, and Proposed Updates to Chapter 14- Business Licensing and Regulation and Appendix A of the Village Code Background Information: The Village is aware that food trucks operate in Brookfield but there is no formal process in place for the regulation of food truck operations. There was preliminary discussion of authorizing food trucks to operate in Brookfield through the Temporary Use and Event Permit process. In July 2022 the Committee of the Whole referred the matter to the Planning and Zoning Commission for a public hearing. On August 25, 2022, robust public comment was received, and significant discussion occurred regarding the regulation of food trucks. The matter was continued, and staff were charged with further review of how the Temporary Use and Event Permit process and related fee should be implemented most effectively. Staff determined allowing food truck operations in the Village should be separate from the Temporary Use and Event permit. At the continued Public Hearing on September 22, 2022, staff recommended that food trucks be exempt from the Temporary Use and Event permit unless they are obstructing a public right-of-way. It is proposed that food trucks be allowed to operate within Village limits by way of an annual Food Truck registration process. Food Truck registration is proposed to be a process that falls under Business Licensing. Village Staff believe business licensing is the appropriate mechanism to support the economic contribution mobile food vending brings to the community while managing food safety, traffic, and community compatibility in the public best interest. A food truck operator would register annually with the Village and verify that the truck meets the appropriate criteria for mobile food vending. The criteria include a food handler's license, current automobile and business liability insurance policies and a workers compensation policy as applicable. Upon approval by the Permit Services Coordinator, a food truck operator would be issued proof of annual registration to be displayed in the food truck while operating in Village limits. If the food truck is legally parked on the public right-of-way or operating on private property, no other permission would be required. Village staff is proposing the following additions to Chapter 14 -Business Licensing and Regulation: Page 2 of 19 §14-1. – Definitions Add: Food Truck means a mobile food vending business operating out of a licensed vehicle that meets the local, county, and state food preparation and handling standards and sanitation and life safety requirements, maintains appropriate insurance coverage, and operates from a temporary location that meets legal parking requirements. §14-86 – Licenses required; fees. Add: (26)(a) Food trucks. The annual registration fee shall authorize a food truck to operate within the Village limits during the designated calendar year without additional permitting unless the intended operation obstructs public parking, public streets, public sidewalks or a public right-of- way. The license fee shall be as set forth in section 14-86(26)(a) of the village fee schedule. An application for a temporary use and event permit shall be required when there is a temporary obstruction to or closure of a public way (§46-108). Village staff is also proposing the following addition to Appendix A – Fee Schedule - Chapter 14 Business Licensing and Regulation: Add: Section 14-86 (26)(a) Food Truck Annual Registration And: Fee $100.00 Village staff is not recommending adding food truck operations to the §62-30 or §62-216 Tables of Uses in the Zoning Code at this time. Financial Impact: Nominal registration revenue will offset staff time related to Food Truck registration and regulation. Recommendation(s): Village staff recommend the Committee of the Whole discuss the proposed changes to the Village Code and direct the Village Attorney to prepare an Ordinance for vote at the next Village Board meeting. Attachments: draftV2 2023 Food Truck Registration Page 3 of 19  Village of Brookfield Community Development Department 8820 Brookfield Avenue, Brookfield, Illinois 60513-1688 (708) 485-7344 • www.brookfieldil.gov 2023 Food Truck Registration $100.00 Annual Registration Fee Food Truck Operator Information Business Name: Owner Name: Address: Email Address: Phone number: Emergency Contact Person: Name: Email Address: Phone number: Business Information (please attach copies of all Licenses and Policies) Number of Employees: Food Handlers License # and Expiration: Kitchen/Commissary Location: Insurance Policy provider: Liability Coverage Policy provider: Workers Compensation Policy provider: (can be waived if no employees) Automobile Liability Policy provider: Alcohol  Yes  No If alcohol is sold, vendor must have current Brookfield Liquor license of required type. Signature Please submit all required documentation and payment with registration. Registration certificate will be emailed to contact provided upon approval. By signing this application, you acknowledge that you understand the requirement to apply for a Temporary Use and Event permit should food truck operations obstruct the public right-of-way. Printed name of Applicant Signature of Applicant Date STAFF USE ONLY BELOW THIS LINE Date received Received by Registration fee paid by  CC  Check #_________ Page 4 of 19  Committee Item Memo Meeting Date: January 09, 2023 Staff Contact: Kate Portillo, Village Planner Department: Village Manager's Office Subject: Discussion of a Request for Board Support of the "Intelligentsia Cup" Bike Race Event July 26, 2023, via the Commitment of Municipal Resources with Cycle Brookfield as the Primary Sponsor Background Information: On December 12, 2022, the Board heard a request from Cycle Brookfield President and Co- Founder Chris Valadez proposing that the Village host a one-day Criterium Bicycle Race event on July 26, 2023, as part of the ten-day Intelligentsia Cup Bicycle Race held annually in the Chicagoland area for the last ten years. Following a presentation and discussion, the Village Board directed staff to hold a public meeting to gather community input related to the event and its expected impacts. On December 16, 2022, staff posted on the Village's official Facebook page inviting community feedback on the July 26, 2023, Criterium Bicycle Race event. The Village received 24 comments in support of the event and 2 comments not in support of the event. One Facebook user stated concerns related to street parking in affected neighborhoods and the availability of parking in general during the event. The Village held a public meeting on January 10, 2023. 239 potentially affected residents and businesses were notified of the public meeting. 5 people attended the meeting either in-person or via Zoom, and the following comments were received: A resident recognized that there will be inconveniences to the community and the event will place a burden on municipal departments but felt it is great visibility and an exciting event for Brookfield. Another resident expressed that the feedback she has heard is more excitement than concern and many compared the potential interruption to that on the 4th of July. A resident commented that even though her home will become completely land-locked by the event, she is in support. She added a concern related to Emergency Medical Services access and suggested the Village develop a response plan. A resident requested some type of parking relief to locate his vehicle outside the race route on that day and mentioned that his mother who resides on Grand along the proposed route was also in support of the event. Village staff received one email from a resident who supports the event and stated concerns regarding crowd control and crowd safety, suggesting the Police Department should receive additional help on race day. Page 5 of 19 The race route supported by Cycle Brookfield is attached. The event would result in street closures between approximately 8:00 a.m. and 8:00 p.m. Staff would work on the specific logistics related to the Prairie Avenue closing. Village staff expects support for the one-day event would include the following: • Pothole repairs • Staff support from Public Works, the Police Department, the Fire Department and Community Development • Private traffic control • Private barricade control • Potential waiver of permit fees Cost estimates are attached. Financial Impact: The projected financial commitment from the Village is approximately $26,000. Recommendation(s): Village staff recommend the Committee of the Whole discuss the possibilities of hosting this event. Attachments: 2023 Brookfield Intelligentsia Cup preferred route 2023 Intelligentsia Cup cost estimates Page 6 of 19  Proposed July 26, 2023 Intelligentsia Cup Brookfield Criterium Race Route with Cycle Brookfield Support • “W” shaped course to move counterclockwise • Start on Grand Boulevard and long sprint finish on Grand Boulevard allows for maximum spectator viewing. • Passes the Library and Veteran’s Park for additional spectator options. • Passes Prairie Avenue businesses included on the course. Page 7 of 19  Proposed July 26, 2023 Intelligentsia Cup Brookfield Criterium Race Potential Village Expenditures Public Works Cost Estimate Police Department Cost Estimate Estimated Cost PD Traffic Control $10,500 Private Barricade Control $5,000 Private Traffic Control $3,000 Event Setup $1,500 TOTAL : $20,000 Page 8 of 19  Committee Item Memo Meeting Date: January 09, 2023 Staff Contact: Michael Kuruvilla, Police Chief Department: Police Subject: Discussion of an Agreement with the Hinsdale Humane Society for the Transfer of Care of Stray Animals Background Information: The Police Department is responsive to the needs of the community regarding animal-related issues. This includes enforcing local, state, and federal laws relating to animals and appropriately resolving or referring animal-related problems. Particularly, with respect to at- large and/or stray animals, Officers are required to take custody of those animals and bring them back to the Police Department's temporary holding kennels. Officers will scan dogs and cats for microchips in an attempt to obtain pet owner contact information, as well as attempt to reunite pets to their owners through social media and other notification methods. However, from time to time, animals are not reclaimed by their owners, and the Police Department is left to seek an appropriate shelter to transport animals for care until reclaimed or adopted. The Police Department has had relationships with several animal shelters in the past, but all of those relationships have since ended due to unsustainable costs and demands that those other shelters conveyed that they could not continue to provide service to this community or our neighboring municipalities. At the end of 2021, we informally were given the opportunity to transfer care of unclaimed animals to the Hinsdale Humane Society, which "is a nonprofit animal shelter providing innovative care and adoption services for all animals, including those that are harder to place." We were particularly appreciative of this option as at that time there were no remaining shelters available in the greater Chicagoland area to receive unclaimed animals. As of November of this year, the total number of transfers of care have been at least fifteen (15) animal drop offs. The average cost associated to these transfers of care vary for the Hinsdale Humane Society as they are a no-kill shelter, and many animals are not claimed and take considerable amounts of time to be identified for adoption, which means long stays for the animals transferred to them by the Police Department and higher associated costs. For example, of the animals transferred for care to the shelter by the Police Department thus far, they have stayed an average of seven (7) days a piece and all of the animals have totaled approximately five thousand dollars ($5000) in sheltering costs. Page 9 of 19 Therefore, the Hinsdale Humane Society has asked that partnering municipal Police Departments now enter into formal agreements with their agency to ensure that their ongoing costs associated to caring for the transfer of care of animals can be sustained. They have submitted formal agreements to us that have been reviewed and approved by Village Legal Counsel, and the proposed monthly costs associated have been appropriated within the Police Department's annual budget. Financial Impact: Monthly fee of five hundred dollars ($500), which will be reassessed by the Hinsdale Humane Society one hundred and eighty (180) days after the execution of the Agreement to determine the extent of utilization and will adjust monthly costs higher or lower accordingly. Recommendation(s): Approve the Agreement for independent contractor services to formally continue with the Hinsdale Humane Society. Attachments: HHS CITY CONTRACT STRAY ANIMAL IMPOUNDMENT SERVICES AGREEMENT Brookfield Combined Ordinances and State Statute- Animal Sheltering Page 10 of 19  STRAY ANIMAL PARTNERSHIP BASED SERVICES AGREEMENT This Stray Animal Services Agreement (hereinafter “Agreement”) is effective at 12:00 AM on November 11, 2022 (Effective Date) and is entered into by and between the Village of Brookfield, an Illinois municipal corporation and body politic (hereinafter "Village”) and the Hinsdale Humane Society, a not-for-profit corporation incorporated in the State of Illinois (hereinafter "HHS"). This agreement serves as a partnership-based contract endeavoring to make the lives of the pets and the people of the Village better. RECITALS WHEREAS, HHS has operated and maintained an animal shelter within the Village of Hinsdale for several years with a current live rate of 98%; and, WHEREAS, the Village maintains a program for the control and disposal of stray animals; and, WHEREAS, there is a need to remove stray animals subject to impoundment from within the Village’s corporate limits upon the request of the Village; and, WHEREAS, the Village desires to secure the continuing cooperation and assistance of the HHS in the Village’s program for the control and disposal of stray animals; and, WHEREAS, the HHS has the means and the ability to assist the Village in maintaining its program for the control and disposal of stray animals at its facility; and, WHEREAS, the Village desires that the HHS furnish the services associated with acting as the Village’s animal shelter provide resources for the care of pets to its residents and to return lost pets safely and humanely to its residents as more fully described herein (hereafter the “Services”); NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, the parties agree as follows: Section 1 - Incorporation of Recitals: The Village and HHS find the matters recited above are true and such recitals are hereby incorporated into and made a part of this Agreement. Section 2 - Agreement to Provide Services: HHS agrees to provide to the Village with the Services, and the Village agrees to obtain the Services at the animal shelter from the HHS, in accordance with the terms of this Agreement and applicable Village ordinances and statutes and regulations of the County of Cook and the State of Illinois. Section 3 – Reports: HHS agrees to provide regular updates and reports to the Village. Said updates and reports and the persons to whom they are given shall be those provided at the Page 11 of 19 time of this Agreement, and the Village and the HHS will mutually agree on any changes in the reporting frequency and the contents of the reports. Section 4 – Inclusions in the Services: HHS will do the following in its operation of the animal shelter: a. Provide adequate management and other personnel, supplies, services, and equipment to provide the Services in a safe, humane, efficient and businesslike manner. b. Supply all food necessary for the maintenance of animals impounded within the Animal Shelter. c. Provide all veterinary services reasonably required to prevent suffering of animals while impounded in the Animal Shelter. d. Provide all seizure and control appliances and equipment reasonably require in the handling of animals seized or impounded under authority of the relevant ordinances of the Village. e. As authorized by the ordinances of the Village, and in compliance with the statutes and regulations of the County of Cook and State of Illinois, dispose of all impounded animals not redeemed by owners thereof within a period for redemption provided for therein. f. Upon receipt of animals from the Village to be impounded, provide and control the Services at its own expense and with its own personnel, and be responsible for the hiring and supervision of all employees at the animal shelter performing the Services. g. Advise the Village, including its Chief of Police, with respect to animal regulation matters on request from the Village. h. Although programs may change from time to time, will make every effort to continue to be a pet rescue and resource center to provide educational programs for the community, pet owner resources, offer low-cost vet clinics, low cost spay and neuter clinics for residents and other rescue groups, pet training, and ongoing programs for veterans and children. Section 5 - Agreement to Respond to Calls for Service: HHS will respond to all requests for Service from Village residents by directing them to the Village. Section 6. – Release of Impounded Animals: To the extent permitted by applicable ordinance, law and regulation, and subject to the provisions of Section 9 below, HHS shall not release any impounded animal in its custody to any resident of the Village until such resident has purchased a license for said animal if a license is required by the Village. Impounded animals shall not be released until all charges assessed to the owner of the impounded animal are paid to the Village and proof has been provided by the owner. HHS shall not be responsible for the collection of any fees due to the Village. Section 7 - Annual Cost of Agreement: Commencing on the effective date of this Agreement, for the Service provided by HHS, hereunder the Village shall pay HHS a monthly Page 12 of 19 sum of $500, computed based upon the historical number of animals brought to HHS, which shall be due on the 11th day of each month. One-hundred-eighty (180) days after the Effective Date, HHS will review the Village’s utilization of Services to determine if the current pricing structure is appropriate and modify this Section 7, if deemed necessary by both parties. Section 8 - Annual Automatic Rate Increase: An annual rate increase will go into effect on January 1, 2025 and for each subsequent year of the Agreement. The amount of the increase will be 5% to stay in line with inflation and cost escalation. Section 9 - Holding of Animals: All animals will be held for a period of seven days, unless otherwise directed by the Village President or the Village Manager, or as directed by a court order. Other than by court order, HHS shall not be asked to hold any animal for an unreasonable amount of time. Section 10 - Return of Impounded Animals/Issuing Village Tickets, Fees and Penalties: Subject to the requirements of applicable ordinance, law and regulation, the terms of this Agreement, and the lawful policies adopted by HHS, all stray animals seized by the Village or any of its policemen, employees or residents shall be returned to the owner of any such animal if known, or to the owner’s authorized representative, or delivered to the Animal Shelter for impoundment hereunder. With regard to impounded animals, HHS shall provide information to the Village’s Police Department so that a ticket may be issued and/or fees and penalties may be assessed by the Village against the owner or other responsible parties for violation(s) of Village ordinances relating to animals. HHS shall not be responsible for the issuance of tickets or assessment of such fees and penalties. Section 11 - Non-Exclusivity: It is understood and agreed by the parties that the Services are non-exclusive, and HHS shall be free to offer the same or similar Services to other governmental and private entities. It is further understood and is hereby acknowledged by the Village that HHS’s operation of the Animal Shelter includes numerous activities that are independent of the Services, and HHS shall continue to engage in such current and future activities while also providing the Services. Section 12 - Assignment: This Agreement shall be binding on the parties and their respective successors and assigns, provided however, that neither party may assign this Agreement, or any obligations imposed hereunder without the prior written consent of the other party. Section 13 - Confidentiality and Ownership of Documents: In the performance of the Services, the Village and HHS may have access to certain information, belonging to the other party, that is not generally known to others (hereinafter "Confidential Information”). Both parties agree not to use or disclose to any third party, except as required by court order or applicable law, any Confidential Information or any records, reports, or documents prepared or generated as a result of this Agreement without the prior written consent of the other party. The terms of this section shall survive the expiration or termination of this Agreement. Page 13 of 19  Section 14 - Independent Contractor: It is understood and agreed that the relationship of HHS to the Village is and shall continue to be that of an independent contractor and HHS employees shall not be entitled to receive any Village employee benefits. As an independent contractor, HHS agrees to be responsible for the payment of all taxes and withholdings specified by law. It is further agreed that neither HHS nor its employees, staff, or subcontractors shall represent themselves as employees or agents of the Village. Section 15 - Indemnification: The Village and HHS agree to hold the other party harmless and indemnify the other for any loss, liability, or damages arising from any action, omission, or negligence of each party's employees, officers, or agents regarding the performance of this Agreement. Section 16 - Insurance: At all times during the term of this Agreement, HHS shall maintain, at its sole expense, all required and necessary insurance coverages for itself, its employees, its officers and independent contractors, and the Animal Shelter. Section 17 - Initial Term and Automatic Renewal: This Agreement shall become effective at 12:00 AM on November 11, 2022 and, subject to Section 18 below, shall continue through 11:59 PM on November 10, 2027. This Agreement shall then automatically renew and continue in effect beginning at 12:00 AM on October 1 annually, unless terminated by either party giving written notice to the other at least Ninety (90) days prior to the annual renewal date. Section 18 - Early Termination of the Agreement: This Agreement may be terminated prior to its termination/renewal date by either party as follows: a. If the Village or HHS believes that the other party is not fulfilling its obligations under the Agreement, the party having such belief shall give written notice by registered mail to the other stating said belief and specifying in reasonable detail the manner in which the obligations hereunder are purportedly not being fulfilled. b. On or before thirty (30) days after receipt of such notice, the Village or HHS shall respond in writing to the other, stating in what manner, if any, it has corrected each purported deficiency specified. If there is no such response in writing within the thirty (30) days specified herein, the party which originated the notice may terminate this Agreement forthwith and shall give the other party written notice of such termination. Any fees due under this agreement shall then be pro-rated for services rendered. c. If HHS or the Village does so respond in writing, but the other is not satisfied with the correction or non-correction of the deficiencies specified, a personal or virtual meeting of authorized representatives of both parties shall be held, at which meeting the continuing purported deficiencies shall be discussed. Such meeting shall be held within ten (10) days of the response or the date on which the response was due, at a date, time and location agreed between the parties. If no representative of the party which received the notice attends said meeting, the other party may terminate this Agreement forthwith upon giving written notice of said termination. d. Provided that this Agreement has not already been early terminated pursuant to the provisions of this Section, within thirty (30) days of the occurrence of the meeting referred to in Page 14 of 19 subparagraph (c) above the notified party shall make a good faith effort to correct the purported deficiencies, and shall give a final written report to the other party stating such efforts, if any. If said final report is not given, or the final report is not acceptable to the receiving party, the party receiving the final report may terminate this Agreement forthwith upon giving written notice of said termination. e. If this Agreement is early terminated by the Village by application of the provisions of this Section, such termination shall not be effective unless approved in writing by the Village President and the Board of Trustees in accordance with established due process procedures. Section 19 - Entire Agreement and Amendment: This Agreement constitutes the entire agreement of the parties with respect to the matters contained herein, and all prior agreements, written or oral, between the parties relating to the subject matter of this Agreement are cancelled and terminated and are of no force or effect. No modification of or amendment to this Agreement shall be effective unless such modification or amendment is in writing and signed by both parties hereto. Section 20 - Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without regard to any conflict of law or choice of law principles. Section 21 – Section Caption Headings: The headings of each section herein are provided for convenience, only, and are not considered part of this Agreement by the parties. Section 22 - Notice: Any written notice that is required between the parties shall be sent through first class mail, return receipt requested to: IF TO THE VILLAGE: WITH COPY TO: Chief of Police Village Attorney Village of Brookfield ____________________ 8820 Brookfield Ave. ____________________ Brookfield, Illinois 60513 ____________________ ____________________ Page 15 of 19 IF TO THE HUMANE SOCIETY: WITH COPY TO: Executive Director Board President Hinsdale Humane Society _____________________ 21 Salt Creek Lane _____________________ Hinsdale, Illinois 60521 _____________________ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the date and year indicated herein. VILLAGE OF BROOKFIELD HINSDALE HUMANE SOCIETY By: _ Michael Kuruvilla ________________ By: ____________________________ Title:_Chief of Police___________________ Title:___________________________ Date:_______________________________ Date:___________________________ ATTEST ATTEST By:_________________________________ By:____________________________ Title:_______________________________ Title:___________________________ Date:_______________________________ Date:___________________________ Page 16 of 19  - CODE OF ORDINANCES Chapter 10 - ANIMALS ARTICLE II. ADMINISTRATION AND ENFORCEMENT ARTICLE II. ADMINISTRATION AND ENFORCEMENT Sec. 10-21. Animal control director and officers. The police chief of the village, or his designee, shall be the ex officio animal control director for the village. Provision may be made for the employment of such animal control officers as may be authorized by the president and board of trustees. Any police officer or animal control officer may issue a citation or complaint for any violation of this chapter. The animal control director is charged with the general supervision, administration and enforcement of this chapter. Sec. 10-22. Animal shelter. The animal shelter shall provide animal shelter services to include the impounding of any animal delivered to such animal shelter by authority of this chapter or the animal control director. The animal shelter shall maintain a pound enclosure or other suitable enclosure for impounding any such animal in accordance with the provisions of this chapter and any applicable provisions of state law. Any such animal shall be kept, maintained, humanely treated and fed by such animal shelter until redeemed or otherwise disposed of in accordance with this chapter. Sec. 10-23. Penalties. The penalty for violation of this chapter shall be not less than $20.00 nor more than $750.00, and a separate offense shall be deemed committed on each day during or on which a violation of this chapter continues. In addition to the foregoing penalties, the owner of the animal shall pay all expenses, including shelter, food, handling, veterinary care, and expert testimony fees necessitated by enforcement of this chapter. (Ord. No. 2011-52, § 6, 9-12-2011) Secs. 10-24—10-49. Reserved. Brookfield, Illinois, Code of Ordinances Created: 2022-12-01 07:56:02 [EST] (Supp. No. 27) Page 1 of 1 Page 17 of 19 Sec. 10-133. Impoundment. (a) Any dog or cat found running at large upon any public street or highway shall be impounded by the village police. (b) Any dog or cat may be redeemed by the owner upon payment of a pickup fee and daily maintenance charge in the amount provided in the village fee schedule, and the current tax, if the same is unpaid. Such fees shall be paid to the village manager. (Code 1964, § 04-22; Ord. of 7-23-1951, § 2; Ord. No. 1979-15, § 7, 5-18-1978; Ord. No. 89-48, 10-23-1989; Ord. No. 2015-76, § 5 , 12-14-2015) State law reference(s)—Impoundment and redemption of dogs and cats, 510 ILCS 5/10. Created: 2022-12-01 07:56:03 [EST] (Supp. No. 27) Page 1 of 1 Page 18 of 19 Page 19 of 19