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									                               AGENDA FOR THE BOARD OF TRUSTEES
                                  Monday, January 7, 2013, 7:30 P.M.

Call to Order
Roll Call
Pledge of Allegiance
Minutes of Previous Meetings
Bills and Payroll
Presentation of the GFOA Distinguished Budget Award
Public Comment

REPORTS

13-04         Report and Recommendation of the Plan Commission re: Request for approval of a Text
              Amendment and Special Use for the Joy of the Game facility at 158 S. Waukegan Road in
              Deerbrook Shopping Center to Allow Additional Programs and Services


CONSENT AGENDA

13-05         Ordinance Decreasing the Number of Class E Liquor Licenses from 15 to 14; Decreasing the
              Number of Class C Liquor Licenses from 6 to 5; and Decreasing the Number of Class J Liquor
              Licenses from 1 to 0 – 1R


OLD BUSINESS


NEW BUSINESS

12-125-1      Ordinance Establishing the Fiscal Year of the Village of Deerfield – 2R


12-124-1      Ordinance Authorizing Text Amendments to C-2 Outlying Commercial District to Strengthen Retail
              – 1R

13-01         Ordinance Approving and Authorizing a Ground Lease Between U.S. Bank National Association and
              the Village of Deerfield – 1R

13-02         Ordinance Amending Article 12 (Special Purpose Boards and Commissions) of Chapter 2
              (Administration) of the Municipal Code of the Village of Deerfield re: Sustainability Commission
              Membership – 1R

13-03         Ordinance re: Construction and Demolition Debris Diversion – 1R



Items for discussion by Mayor and Board of Trustees
Reports of the Village Manager
Adjournment
                                       December 17, 2012

The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by
Mayor Rosenthal in the Council Chambers of the Village Hall on December 17, 2012 at 7:30
p.m. The Clerk called the roll and announced that the following were:

               Present:              Harriet Rosenthal, Mayor
                                     Robert Benton
                                     Alan Farkas
                                     Thomas Jester
                                     Mary Oppenheim
                                     William Seiden
                                     Barbara Struthers

and that a quorum was present and in attendance. Also present were Village Attorney Peter
Coblentz and Kent Street, Village Manager.

MOMENT OF SILENCE                             Mayor Rosenthal as for those in attendance to
                                              observe a moment of silence in memory of those
that lost their lives in the tragedy in Newtown, CT. Chief Sliozis stated the Police Department
reached out to the superintendents at both school districts in Deerfield the police patrols were
increased in the area of the schools. The Department is constantly working with the schools and
reviewing safety plans. Trustee Farkas added that parents have received exemplary email
communications suggesting ways to discuss the situation with children. He commended the
approach by the schools and the Police Department.

PLEDGE OF ALLEGIANCE                         State Senator Susan Garrett led those in attendance
                                             in reciting the Pledge of Allegiance.

PROCLAMATION                                 Mayor Rosenthal read a proclamation honoring
                                             Susan Garrett, retiring State Representative of the
29th District. She thanked Senator Garrett for her outstanding assistance to the Village. Mayor
Rosenthal noted that Senator Garrett was first elected in 2002. Mayor Rosenthal spoke about the
various projects where Senator Garrett was instrumental in assisting the Village including the
resurfacing of Waukegan Road, the funding for the Wastewater Reclamation Facility, ComEd
upgrades and numerous other projects. Mayor Rosenthal declared the week of December 16,
2012 – December 23, 2012 as Susan Garrett Week in Deerfield.

Trustee Oppenheim made a motion to accept the Proclamation. Trustee Benton seconded the
motion. The motion passed unanimously.

Senator Garrett thanked the Village for their support. She grew up in Deerfield and feels the
opportunities in Deerfield are boundless.

MINUTES OF PREVIOUS MEETING                  Trustee Benton made a motion to approve the
Board of Trustees Meeting
December 17, 2012
Page 2 of 11

                                         minutes from the December 3, 2012 Board of
Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously
with a minor amendment.

BILLS AND PAYROLL                         Trustee Benton made a motion to approve the
                                          Bills and Payroll dated December 17, 2012. Trustee
Farkas seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

TREASURER’S REPORT                             Acting Finance Director Eric Burk presented
                                               highlights from the Treasurer’s Report for the
month ending November 30, 2012, representing seven months of the fiscal year. The sales tax
rebate, net Walgreens, is up year to date, but was less than last month and less than the same
period last year. He stated the water fund made its final debt payment. Building permits had a
good month netting $84,000. The expenditures were higher than the revenues this month,
partially due to debt payments three payroll in November.

Mayor Rosenthal noted the August sales tax shows part of the Best Buy closing. Mr. Burk noted
the Village does not get a detailed breakdown, but believes this reflects the partial month loss of
Best Buy. He stated the Walgreen’s activity was higher than normal, so the Village is not feeling
the entire effect of Best Buy closing.

REPORT ON DEPARTMENTAL                        Assistant to the Village Manager, Jennifer Maltas,
OBJECTIVES – ADMINISTRATIVE                  presented highlights from the Administration
                                             Department’s report on departmental objectives.
She noted this includes the Village Manager’s office and the Information Technology Division.
During the past six months, the department completed a new fee schedule. They also completed
the municipal aggregation for an alternative energy supplier, which has an opt-out opportunity
every six months. Ms. Maltas stated that MC2 would be covering the cost of the opt-out notices.
She reported that Deerfield residents are expected to save $2.3 million in the first year of the
alternative energy aggregation program. Ms. Maltas has been exploring other projects to work
on with the consortium as well.

Ms. Maltas provided an update on the various commissions staffed by the Department. The
Sustainability Commission has been very busy reviewing commercial franchising opportunities.
They met with SWALCO to go over the RFP. The Sustainability Commission will form a sub-
committee to review the RFP in January. Bannockburn may join as well. The Sustainability
Commission also worked on the composting ordinance that was recently passed. The Cable and
Telecommunications Commission negotiated and presented a 10-year renewal for Comcast. The
Fine Arts Commission had a very successful Fine Arts Festival this year. There were more than
100 artists. They are working on next year’s festival and are looking to have local restaurants
participate again next year. The Family Days Commission solicited more than $15,000 in
donations this year. Next year is the 50th anniversary of Family Days. The Community
Board of Trustees Meeting
December 17, 2012
Page 3 of 11

Relations Commission developed a resource guide for seniors over 65. They are preparing a
guide for special needs adults that will be ready shortly.

Staff is continuing to work with Deerbrook Mall on their proposed redevelopment and with
Mondelez International. The Village is continuing to use the electronic newsletter and the
subscription rate has nearly doubled.

Ms. Maltas previously presented a revisions to the purchasing manual and staff has been
undergoing training to utilize the electronic purchasing software. Staff is working with the
Director of Finance, the labor attorney and the insurance pool on making additional changes to
the personnel manual. They are also working with the labor attorney and Local 150 on a new
contract.

Staff will be looking at document management software to make it easier to comply with
Freedom of Information Act requests. The IT Division will be working with the Community
Development and Public Works Departments on a pilot program with tablet PCs. The IT
Division also configured new workstations for the GIS system and migrated the servers. They
worked with the Police Department on getting competitive quotes on a new identification system
and obtained a new mug shot camera for booking. The IT Division upgraded the Microsoft
Office software in the Village and trained 70 users in a two week period.

Trustee Struthers asked if there is anything that can be done to better keep residents informed.
Mayor Rosenthal suggested talking to various organizations about the Village’s email alert
system and having material available for organizations to distribute.

Trustee Jester stated the Administrative Department has been proactive and done new things that
will benefit the Village.

PUBLIC COMMENT                               There were no Public Comments on non-agenda
                                             items.


                                            REPORTS

REPORT AND RECOMMENDATION                  Village Manager Street reported that the Plan
OF THE PLAN COMMISSION RE:                 Commission held a Public Hearing on November 8,
TEXT AMENDMENTS TO THE C-2                 2012, which followed workshop meetings on
OUTLYING COMMERCIAL DISTRICT               September 13, 2012 and October 9, 2012. The Plan
TO STRENGTHEN RETAIL                       Commission voted 5-0 to recommend five text
                                           amendments. Plan Commission members Rob
Nadler and Al Bromberg were present and available to answer questions. Mr. Street suggested
considering the five text amendments independently from one another.

1. Require a Special Use for any future service use, office use, medical office use, and
recreational use listed in Article 5.02-B, 2, 3, and 4 which is between 10,000 square feet and
Board of Trustees Meeting
December 17, 2012
Page 4 of 11

20,000 square feet in size when located on the ground floor, with the exception of a couple of
areas in the Deerfield Park Plaza shopping center where Text Amendment #1 would not apply.
The areas include the 16,000 square foot Barking Lot building at 495 Lake Cook Road, and the
13,100 square foot area toward the rear of the shopping center addressed 405 Lake Cook Road,
Suites A18 through A22 which is occupied by California Tan and the former Diplomat
Pharmacy, as these area are more suited for non-retail uses.

Mayor Rosenthal questioned whether the exceptions, when naming specific businesses, would
run with businesses or the site. Mr. Coblentz noted the exceptions would be geographical.
Trustee Oppenheim questioned whether it is common to write text amendments where different
areas within the same development would be handled differently. Mr. Coblentz stated that sub-
zones or overlay districts are becoming increasingly common. Trustee Farkas noted the Plan
Commission vetted the issues thoroughly and provided a detailed, comprehensive report.

Trustee Farkas made a motion to approve the report for the first text amendment and prepare the
Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

2. Do not allow future large non-retail service uses, office uses, medical office uses, and
recreational uses listed in Article 5.02-B, 2, 3, and 4 of 20,001 square feet and over in size
located on the ground floor in the C-2 District with the exception of the three buildings at the
rear of Deerbrook Mall which are Joy of the Game, Brunswick, and National Tire and
Battery and in Deerfield Park Plaza the Sachs Recreation Center as the Plan Commission
believes these areas are not conducive to retail use.

Trustee Struthers suggested including the building northwest of Home Depot, which currently
has all medical and legal uses. The building is part of the C-2 district but should not be included
as desired retail. Principal Planner Jeff Ryckaert noted that property is in the I-1 zoning district,
not the C-2 district.

Mayor Rosenthal believes the text amendment makes sense and will help with the Village’s
goals.

Trustee Oppenheim made a motion to approve the report for the second text amendment and
prepare the Ordinance. Trustee Struthers seconded the motion. The motion passed by the
following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

3. Retail uses listed in Article 5.02-B,1 up to 30,000 square feet in area be a permitted use in the
C-2 District south of Lake Cook Road. Retail stores 30,001 square feet and over in this specific
geographic area south of Lake Cook Road would need to obtain a Special Use. The rest of the
Board of Trustees Meeting
December 17, 2012
Page 5 of 11

C-2 District north of Lake Cook Road would remain with the Special Use requirement for retail
stores of 10,000 square feet in size or more.

Trustee Oppenheim questioned why there is a distinction south of Lake Cook Road. Mr. Nadler
reported that there are not businesses larger than 30,000 square feet currently north of Lake Cook
Road.

Trustee Benton made a motion to approve the report for the third text amendment and prepare
the Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following
vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

4. Keep the 50% retail use restriction in the commercial planned unit development shopping
centers with the exclusion of the square footage of the three buildings at the back of Deerbrook
Mall which include Joy of the Game, Brunswick, and National Tire and Battery from the 50%
retail calculation as well as the Sachs Recreation Center and the Barking Lot building in
Deerfield Park Plaza

Trustee Farkas questioned how the restriction would work when there are a number of vacancies
in a center that is being filled up with non-retail uses. Mr. Nadler reported that Cadwell’s Corner
and Deerbrook Mall allow up to 50% non-retail uses on the first floor. This would change the
zoning to help promote retail.

Trustee Farkas made a motion to approve the report for the fourth text amendment and prepare
the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

5. Text amendments to update the permitted uses and Special Uses in the C-2 district.

The Plan Commission recommends adding uses to the permitted use list in the C-2 outlying
district. Mr. Nadler reported this would make it easier for retail uses to come into the Village.

Trustee Farkas made a motion to accept the balance of the report and prepare the Ordinance.
Trustee Oppenheim seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)


                                      CONSENT AGENDA
Board of Trustees Meeting
December 17, 2012
Page 6 of 11

There was no Consent Agenda.


                                        OLD BUSINESS

APPROVAL OF WASTEWATER                         Director of Public Works and Engineering, Barbara
RECLAMATION FACILTY                            Little reported that change order 13 was
IMPROVEMENT PROJECT CHANGE                     previously tabled and deferred until additional
ORDER NO. 16                                   information could be obtained. A request was made
                                               to the subcontractor for a reduction in the hauling
cost since the actual quantity was significantly higher than the allowance. The contractor offered
a 10% reduction in the unit price which resulted in the savings of $19,368.66, bringing the
change order down to $174,317.

Trustee Jester made a motion to approve the Wastewater Reclamation Facility improvement
project change order number 16 in an amount not to exceed $174,317. Trustee Oppenheim
seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)


                                       NEW BUSINESS

ORDINANCE O-12-42 LEVYING                    Mr. Burk reported this is the 2012 property tax
TAXES FOR CORPORATE PURPOSES                 levy, which was part of the 2013 budget that was
FOR THE CURRENT FISCAL YEAR,                 amended by the bond Ordinances. The levy
COMMENCING ON THE FIRST DAY                  reduced the general fund by $26,000 and abated all
OF MAY, 2012, AND ENDING ON THE              non-treatment plant bond issues. The total Village
THIRTIETY DAY OF APRIL, 2013, FOR            levy is $5,101,429; the Village levy including the
THE VILLAGE OF DEERFIELD, LAKE               Library is $9,222,542.
AND COOK COUNTIES – 2R
                                           Trustee Seiden made a motion to adopt the
Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

ORDINANCE O-12-43 ABATING ALL                An Ordinance abating all of the 2012 tax levy
OF THE 2012 TAX LEVY                         requirements for Series 2008 general obligation
REQUIREMENTS FOR SERIES 2008                 bonds. Second Reading.
GENERAL OBLIGATION BONDS – 2R
                                         Trustee Oppenheim made a motion to adopt the
Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote:
Board of Trustees Meeting
December 17, 2012
Page 7 of 11

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

ORDINANCE O-12-44 ABATING A                  An Ordinance abating a portion of the 2012 tax
PORTION OF 2012 TAX LEVY                     levy requirements for Series 2010 general
REQUIREMENTS FOR SERIES 2010                 obligation bonds. Second Reading.
GENERAL OBLIGATION BONDS – 2R
                                         Trustee Struthers made a motion to adopt the
Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

ORDINANCE O-12-45 ABATING A                  An Ordinance abating a portion of 2012 tax levy
PORTION OF 2012 TAX LEVY                     requirements for Series 2011B general obligation
REQUIREMENTS FOR SERIES 2011B                bonds. Second Reading.
GENERAL OBLIGATION BONDS – 2R
                                           Trustee Oppenheim made a motion to adopt the
Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

ORDINANCE O-12-46 ABATING ALL                An Ordinance abating all of the 2012 tax levy
OF THE 2012 TAX LEVY                         requirements for Series 2011A general obligation
REQUIRMENTS FOR SERIES 2011A                 bonds. Second Reading.
GENERAL OBLIGATION BONDS – 2R
                                         Trustee Farkas made a motion to adopt the
Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

ORDINANCE ESTABLISHING THE                   An Ordinance establishing the fiscal year of the
FISCAL YEAR OF THE VILLAGE OF                Village of Deerfield. First Reading.
DEERFIELD - 1R
                                                Mr. Burk reported that based on discussions from
the November 26, 2012 Committee of the Whole meeting, Mr. Coblentz prepared an Ordinance
establishing the fiscal year for the Village of Deerfield as January 1 through December 31 each
year commencing on January 1, 2014. He noted that this would include a transition period of
May 1, 2013 through December 31, 2013.

Trustee Seiden noted he favors the current fiscal year of May 1 through April 30, because the
Board has the benefit of looking at the first eight months of the budget and preparing the levy
based on real numbers.
Board of Trustees Meeting
December 17, 2012
Page 8 of 11


Trustee Jester believes changing the fiscal year dates would be simpler. He is confident other
Villages have done this and believes Deerfield will be successful at it as well. Mayor Rosenthal
added that it would make the Village budget and levy approval process more transparent.
Trustee Struthers believes the Village will save money when bidding public works contracts and
Trustee Oppenheim added that the Village could start the work on capital projects sooner in the
construction season as well.

This will stand as a First Reading.

RESOLUTION R-12-18 APPROVING AN             Ms. Maltas reported the Patient Protection and
AMENDMENT TO THE PERSONNEL                  Affordable Care Act defines part-time, seasonal
POLICIES AND PROCEDURES OF THE              and full-time employees and determines which
VILLAGE OF DEERFIELD                        employees are eligible for healthcare. The new
                                            standard is that employers must offer healthcare
coverage to part-time employees working an average of 30 hours per week. The proposed
amendments also update the military leave language to be consistent with union contracts,
provide definitions, and add whistleblower and fitness for duty testing sections.

Trustee Jester made a motion to accept the Resolution. Trustee Struthers seconded the motion.

Trustee Farkas commented on the vacation policy listed in section 7.1.0. and noted that leave
should be taken during the fiscal year it was earned, with no more than one year carry over. The
next section, 7.1.1 of the vacation policy references accumulated vacation at separation and he
believes that one can interpret these two sections to be inconsistent with each other and
additional language can be added to clarify the intent of 7.1.1 to avoid any misinterpretations.
Ms. Maltas reported employees can carry over vacation days for the next year. Trustee Jester
suggested adding verbiage that the vacation days are only for one year plus one year carry over.
Mayor Rosenthal agreed that clarification is needed on the vacation policy and suggested tabling
the Resolution.

Trustee Farkas asked Trustee Jester to consider amending the motion to include the revision to
section 7.1.1. Trustee Jester stated this section could have significant impact on employees and
believes it should considered as a separate matter that staff can address at a later date. Manager
Street noted that staff will make a recommendation for the Board to consider on the larger issue
of accrued vacation time.

The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)


AUTHORIZATION FOR ADDITIONAL                  Assistant Village Engineer, Bob Phillips, reported
WORK FOR LINDEN AVENUE                        the Board awarded the contract for the Linden
Board of Trustees Meeting
December 17, 2012
Page 9 of 11

INFRASTRUCTURE REHABILITATION Avenue infrastructure rehabilitation project to A-
PROJECT – CONTRACT FINAL                      Lamp Concrete Contractors in June at a bid price of
                                              $828,000. At the onset of the project, the Village
set out to reconstruct sanitary and storm sewers, roadway and water systems. During the project,
issues were encountered requiring more sewer and roadway replacement than anticipated. Other
challenges to the works site were caused by the narrowness of the existing roadway and the
difficulty in navigating the area. These issues caused additional impacts to driveway aprons and
landscaping, which resulted in $59,000 of additional work that needed to be completed. The
Village originally budgeted $870,000 for the project. The difference of $42,000 is $17,000 over
the budgeted amount. Mr. Phillips noted that even with the additional expense, the amount is
nearly $200,000 lower than the second lowest bidder.

Trustee Jester made a motion to authorize the additional work for the Linden Avenue
infrastructure rehabilitation project in an amount not to exceed $42,000. Trustee Struthers
seconded the motion. The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

AUTHORIZATION FOR ADDITIONAL                  Mr. Phillips noted the contract was awarded to A-
WORK UNDER 2012 MFT STREET                    Lamp Concrete Contractors in April. The scope
REHABILITATION PROJECT –                      included reconstruction of ten streets. The Village
CONTRACT FINAL                                requested an additional $72,000 of work when the
                                              Board approved the addition of Jonquil Terrace
reconstruction and the patching of Deerfield Road. Earlier this year, the Village authorized the
fiber optic project for $28,000 while the project budget was $100,000. Mr. Phillips suggested
using the excess money to cover the additional expenses incurred.

Trustee Struthers made a motion to authorize the additional work under the 2012 MFT street
rehabilitation project. Trustee Oppenheim seconded the motion. The motion passed by the
following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)

AUTHORIZATION FOR SANITARY                   Ms. Little reported that this is a follow-up to
SEWER ASSESSMENT SYSTEM BY                   discussions with RedZone Robotics at a Committee
REDZONE ROBOTICS                             of the Whole meeting. She noted the Village’s
                                             sanitary sewer system is a critical facility.

Ms. Little reported that the RedZone proposal specifies a total cost of $573,637.15. They are
offering the contract with a five-year program term, a 0 % financing rate and concessions of
more than $80,000. The current budget includes $125,000 for sewer lining from the
Infrastructure Replacement Fund. She proposes reallocating these funds to initiate the program
Board of Trustees Meeting
December 17, 2012
Page 10 of 11

this fiscal year. Ms. Little noted the sourcing of the funding in subsequent years would be
discussed during the annual budget process.

Trustee Farkas asked if staff has explored whether costs of the project could be reduced. Ms.
Little noted RedZone has responded that scope changes, such as not doing manhole evaluations,
would reduce the costs, but are not recommended by staff as the information will still be needed.

Trustee Seiden questioned whether the contract could be cancelled. Ms. Little reported the
contract could be cancelled. Trustee Seiden thought the sewer lining project was important. Ms.
Little noted the Village has not undertaken the sewer lining contract this year. Mayor Rosenthal
added the sewer lining is something that should be done, because it is preventative. She noted it
is not critical that the specific sewers be completed immediately as they can be lined next year.

Trustee Benton noted that by completing this exam, the Village could avoid more extensive
repairs. Trustee Jester added that the inspection could find areas that need immediate attention
as well.

Trustee Oppenheim made a motion to authorize the sanitary sewer assessment system by
RedZone Robotics at a price not to exceed $573,637.15. Trustee Struthers seconded the motion.
The motion passed by the following vote:

AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)


                                          DISCUSSION

THANK YOU                                    Mayor Rosenthal thanked the Police Department
                                             for their hard work during the Toys for Tots Charity
Drive Thru event in Deerfield last Saturday. She noted Deerfield residents turned out in
numbers, even with the rainy weather.

ILLINOIS HOUSE BILL 30                        Mr. Street received a letter from the Village
                                              Attorney relating to Illinois House Bill 30, which is
the compassionate use of cannabis pilot act. He wanted to make the Trustees aware of the act
before legislation is passed. Mr. Coblentz reported that the bill is moving forward and could
create Statewide licensing and registration for medical cannabis dispensaries. Mr. Street noted
the Board may have to consider various regulations in the near future.

HAPPY HOLIDAYS                                On behalf of the Village Board and staff, Mayor
                                              Rosenthal wished happy holidays to all.
Board of Trustees Meeting
December 17, 2012
Page 11 of 11

APPOINTMENT OF FINANCE             Manager Street announced his appointment of Eric
DIRECTOR                           Burk as Director of Finance for the Village. Mayor
                                   Rosenthal and the Board of Trustees congratulated
Mr. Burk on his appointment.

DBR CHAMBER LUNCHEON               Trustee Farkas thanked the DBR Chamber for their
                                   annual holiday luncheon meeting last week and
noted that it was well attended.

ADJOURNMENT                        The meeting was adjourned at 9:43 pm.


                                   APPROVED:


                                                         Mayor


ATTEST:


               Village Clerk
               COMMITTEE OF THE WHOLE – Minutes of Meeting
                           November 26, 2012

The Village Board met as a Committee of the Whole in the Community Conference
Room of the Village Hall at 8:00 p.m. on Monday, November 26, 2012. In attendance
were:

PRESENT:

Village Board                        Staff
Harriet Rosenthal, Mayor             Kent Street, Village Manager
Robert Benton, Trustee               Jenny Maltas, Assistant to the Village Manager
Alan Farkas, Trustee                 Eric Burk, Acting Finance Director
Thomas Jester, Trustee               John Sliozis, Police Chief
Mary Oppenheim, Trustee              Barbara Little, Director of PW and Engineering
William Seiden, Trustee              Bradford Fink, Assistant Director of PW
Barbara Struthers, Trustee           Clinton Case, Code Enforcement Supervisor
                                     Andrew Lichterman, Management Analyst

ALSO PRESENT
Matthew Wylie, Sustainability Commission, Chairman
Donald Anderson, Sustainability Commission
Laurie Leibowitz, Sustainability Commission
Walter Willis, Executive Director, Solid Waste Agency of Lake County
Bob Pfister, Advanced Disposal
David Levitz, Deerfield-Bannockburn-Riverwoods Chamber of Commerce, Chairman
Ken Wolf, Vice President RedZone
Tim Graeb, District Manager RedZone

Public Comment
Patch.com reporter Steve Sadin noted Patch is sponsoring a “Deck the House”
competition. He noted $100,000 will be awarded to a school district in the town with the
best holiday decorated home.

Commercial Scavenger Franchise
Assistant to the Village Manager Jennifer Maltas reported that staff has been moving
forward with a commercial scavenger franchise, as previously directed by the Board. She
noted that Deerfield businesses were sent a survey in order to solicit feedback on their
scavenger requirements. Ms. Maltas briefly summarized the survey results and noted staff
is seeking direction from the Board if staff should pursue a Request for Proposal (RFP).
She noted a series of public hearings will need to be held and the Village will have to
negotiate a contract with the hauler, should the RFP have favorable results for Deerfield
businesses.

Trustee Oppenheim questioned why Lincolnshire issued an RFP but never awarded a
contract. Executive Director of SWALCO, Walter Willis noted that there was a
disconnect between the political climate, the business community and staff. He noted
there is compelling evidence that the RFP price would be favorable for Deerfield
businesses.
C.O.W; November 26, 2012



Ms. Maltas noted three members of the Sustainability Commission, Chairman Wylie,
Commissioner Anderson, and Commissioner Leibowitz were present and the
Sustainability Commission is recommending approval of a commercial scavenger
franchise to increase recycling while lowering scavenger prices and increasing efficiency.

Ms. Matlas noted Highland Park recently approved a commercial scavenger franchise and
Highland Park businesses significantly increased their amount of recycled materials and
82% of businesses realized a savings in the first year.

Ms. Maltas reported she presented this information to the DBR Chamber and they
conceptually like the idea but need more information and recommended forming a
committee to represent the businesses’ needs and to help formulate the RFP. The Village
of Bannockburn has also expressed interest in collaborating efforts.

Ms. Maltas noted the Village can hold the public hearings and pursue the RFP, and it is
not obligated to award a franchise.

Trustee Struthers reported she wants to encourage commercial recycling and likes that
staff is working with the DBR Chamber and business community. She asked how many
of the surveyed businesses were restaurants and if food scraps would be included? Ms.
Maltas responded that food scrap is separate and Mr. Willis noted food scrap is an option
that can be further evaluated.

Trustee Farkas reported he is in favor of staff pursuing an RFP and noted he will judge
the program on 5 criteria:
     Savings to businesses
     No cost to Village
     Reduce traffic
     No loss in utility
     Increase in recycled materials

Trustee Benton asked if the Village will share in recycling revenue. Mr. Willis reported
the structure of the revenue sharing can be including as a term of the contract and often
times, Villages are not as aggressive with revenue sharing in commercial franchises as
they are with residential.

Trustee Jester remarked the commercial franchise is consistent with the 60% recycling
task force efforts and while food waste is an issue to consider, the process should not be
postponed solely on that issue.

Municipal Market Manager of Advanced Disposal, Bob Pfister reported that Advanced
Disposal is opposed to commercial recycling and feels that businesses can get the
services they need from the haulers directly. He noted the pricing realized by Highland
Park and Highwood may be unique and not repeated. He cautioned that reducing the
amount of trucks on the street results in a driver losing a job. He is in favor of having
businesses decided their level of service independently.
C.O.W; November 26, 2012


Chairman of the DBR Chamber of Commerce, David Levitz thanked Ms. Maltas for
previously providing a summary of the information to the Chamber Board. He expressed
that it is critical for the larger businesses to be included in the process and was glad to
know that the Village can pursue a RFP without committing to a contract.

Mayor Rosenthal asked the Board if they are committed to the pursuit of a commercial
franchise because moving forward with the RFP is a long process that requires a lot of
staff time. The Village Board reported they are in favor of increasing commercial
recycling and increasing efficiencies.

Mayor Rosenthal thanked the Sustainability Commission for all their work on this effort.
She thanked Mr. Levitz and the DBR Chamber for their input and reiterated that there is
Board consensus for staff to move forward with the RFP process.

Proposed Property Tax Levy Review
Acting Finance Director Burk reported the total 2012 levy, as indicated in the budget,
required by bond ordinances, and requested and approved by the Library is $10,140,832.
He noted this total is prior to any abatement considerations. This reflects an increase from
the 2011 levy that is greater than 5%; therefore, a Truth in Taxation Hearing must be held
prior to the 2012 levy approval. The hearing notice was published in the November 22,
2012 edition of the Deerfield Review and is scheduled for the Board meeting on
December 3, 2012.

Mr. Burk reported there is no increase proposed for the General Fund or the
Infrastructure Fund and a 2.5% increase is proposed for the Scavenger Fund to keep pace
with increases in the contract and personnel costs.

Mr. Burk reported that the Village received affirmation of its Aaa bond rating from
Moody’s today.

Trustee Seiden reported for the first 10 years he served on the Board the levy was never
increased but the levy has increased for the last 4 years and this has formed the basis for
every year thereafter. He noted the Board should consider spending down the reserves.

Trustee Oppenheim stated she is in favor of abating all the non-WRF debt service, as the
Board has historically done.

Trustee Struthers concurred and noted she does not want to start postponing capital
projects to the point where critical infrastructure is compromised.

Trustee Farkas suggested taking a long-term look at the Village’s financial plan and
noted it would be productive to reassess the benchmark set for the levy each year in order
to reduce the property tax levy over the long-term.

Mayor Rosenthal concurred and noted she recommends the Village Board conduct a line-
by-line budget review to determine what items are critical.
C.O.W; November 26, 2012


Trustee Jester reported that the Village has continued to draw down the reserves over
time and he is in favor of abating all non-WRF debt service, as in previous years, and is
in favor of investing in critical infrastructure.

Mayor Rosenthal asked Trustee Seiden what levy amount he prefers or recommends.
Trustee Seiden noted his preference is to keep the levy increase to 5%.

Mr. Burk reported if all the non-WRF debt was abated the total levy increase would be
5.49% from the 2011 levy. Mr. Burk noted these numbers do not reflect the upcoming
final bond issuance for the WRF project of approximately $3.2 million.

Mr. Street noted the Board’s philosophy has always been for the WRF debt service to be
paid on an as-you-go basis with bonds, so that the beneficiaries of the improvement pay
for the construction costs. This is a sound financial practice.

Mr. Mark Michaels, 1740 Carol Court and 20 year resident of the Village, requested the
Board to exercise financial restraint and noted he believes the Library bonds for the
renovation project are unnecessary and reckless. He wants taxes and spending in the
Village to be reduced so that residents are not forced to move out of the Village because
their tax burden is too high.

Mayor Rosenthal responded the Village works very hard to keep the tax levy and the
budget to the very minimum. She also noted the Village hosts the other boards (i.e.
schools, parks, etc.) each year to discuss Village-wide issues. She noted many of the fees
assessed by the Village are strictly user fees intended to cover Village costs and the
Village is approximately 4% of a resident’s tax bill.

Fiscal Year Change
In response to questions from the Board at the June 16, 2012 Committee of the Whole
meeting, Acting Finance Director Burk reported on the effect of the fiscal year change on
the Village’s bond rating and proposed timing for a calendar year fiscal year transition.

First he noted, based on the input he received from the Village’s Bond Counsel, Financial
Advisor, and other local Finance Directors the fiscal year change will not affect the
Village’s bond rating. He noted no Village that transitioned to a calendar year fiscal year
received a downgrade of their bond rating as a result.

Second, he recommended the Village transition to a calendar year fiscal year during the
upcoming budget process. On May 1, 2013 the Village Board would approve an 8 month
budget and in December 2013 the Village board would approve a calendar year budget
beginning January 1, 2014.

Mr. Burk summarized the advantages and disadvantages that were originally presented at
the June 16th Committee of the Whole meeting.

Mayor Rosenthal stated she favors the calendar year budget and noted the biggest
advantage is that the budget will be easier for the general public to understand and it will
be more transparent.
C.O.W; November 26, 2012



Trustee Seiden noted he has no concerns with Mr. Burk in the new job and he has full
confidence that Mr. Burk will do an excellent job, but Trustee Seiden noted he sees no
advantage with a calendar year budget and in fact believes it is advantageous to keep a
May 1st fiscal year since the levy is not passed until December.

Trustee Struthers noted transitioning to a calendar year will help the Village when
bidding construction work during the winter months and will possibly result in more
favorable pricing.

Staff was directed to work with Attorney Coblentz to draft an ordinance for Board
consideration.

Electric Vehicle Charging Stations
Ms. Maltas reported members of the North Shore Aggregation Consortium are meeting to
discuss the potential to jointly receive proposals from vendors to install electric vehicle
charging stations in municipally owned lots in each of the communities. Though early in
the information gathering process, staff is looking at two charging stations – one
in the Lindemann Lot and one in the Rosemary Lot. Exact costs at this time are unknown
and will depend on whether the Village chooses to lease the land to a vendor who
operates and maintains the station or whether the Village purchases and maintains the
station itself.

Trustee Farkas noted his preference is for the commercial lot owners to install the
charging stations before the Village begins spending public money on the project. He
supports the idea of having electric charging stations in the Village but believes
corporations will support the initiative as well since it will attract business to their
location.

Trustee Jester advised that staff should replicate the model that is evolving in California
and other States that may already have these types of facilities in place.

Mayor Rosenthal reported there is interest from the Board to investigate the options
further and she would like the Village to work with CRM Properties and other
commercial property owners to encourage the use of electric charging facilities.

Ms. Maltas noted the Consortium members will be meeting again shortly.

Sewer Pipe Assessment System
Director of Public Works and Engineering provided a brief introduction of the RedZone
sewer assessment system and Vice President Ken Wolf and District Manager Tim Graeb.
Mr. Graeb made a presentation to the Board and provided background information on the
company and summarized the program’s capabilities and costs. The final product will be
a complete assessment of the Village’s sewer system and a software system that can be
accessed remotely.

The total cost of the program is $573,637.17, divided into annual appropriations for 5
years.
C.O.W; November 26, 2012



Trustee Farkas requested that staff receive a reference list of municipalities that have
utilized RedZone’s services.

Trustee Struthers noted it is a desirable product but it also very expensive and asked how
the Village currently operates without this service. Director Little reported that the
Village often times needs to react to break downs in the sewer system on an emergency
basis.

Ms. Little also noted there are advantageous to signing up for the service in this calendar
year. Mr. Wolfe stated the Village is being offered the opportunity to sign-up this
calendar year and receive a reduced cost with no obligations to pay, as appropriations can
be made at a later time following the Village’s budget approval. Ms. Little noted she
would be willing to divert funds from the sewer lining program to fund this project.

Trustee Jester noted he sees this effort complimenting the smoke testing work that is
already being completed by RJN. Trustee Farkas asked staff to develop a questionnaire
to solicit feedback from staff to evaluate the system by the personnel that will be utilizing
the software.

Mayor Rosenthal thanked Ms. Little for her hard work researching this project and
thanked the representatives from RedZone for their presentation. She stated the Board has
a good understanding of the services offered and will further consider this item at an
upcoming Board meeting.

Chicken Keeping for Eggs
Village Manager Street reported on a chicken keeping pilot program in the Village. He
stated staff is recommending an annual license program with limits on the number of
licenses and number of chickens and also includes setback requirements, coop size
requirements and a requirement to register with the Illinois Department of Agriculture.

Mayor Rosenthal stated she is in favor of the 1-year pilot program but suggested limiting
the number of hens to less than 8 and suggested 4 hens as a preferred number. She noted
urban chicken keeping is the way of the future and wants to ensure that residents
participating in the program understand that this is being offered as a 1-year pilot
program that ultimately could be terminated.

Trustee Struthers noted a coop requirement of 4 square feet per hen is too small and
would like to have a larger square footage requirement. She also noted a 25 foot setback
requirement is too great and suggested that a 10 foot setback from neighboring properties
would be sufficient. Trustee Oppenheim concurred. Trustee Farkas asked that staff
consider the setback be the distance to the neighboring homes rather than the neighboring
lot line.

Trustee Seiden reported he has received comments from many residents that are not in
favor of chicken keeping and are concerned that it will attract coyotes and other predatory
animals.
C.O.W; November 26, 2012


Manager Street reported that an ordinance will be presented to the Board early next year
based on comments received from the Board. He noted the two residents that have
expressed interest will be contacted.

DHS School Resource Officer
Chief Sliozis reported the Village was informally approached by School District 113
requesting a full-time School Resource Officer. He noted Highland Park High School has
utilized this type of officer for some time and the Highland Park Police Chief noted it has
been successful. Chief Sliozis noted if Deerfield wanted to staff this position it would
require the Village to hire a full-time officer.

Chief Sliozis reported in Highland Park the school district pays for half of the officer’s
total compensation (i.e. salary, training, pension, overtime, etc.) during the school year.
He stated District 113 would like to have an officer in place by fall of 2013 and noted it
takes an officer 4-6 months to be prepared for duty.

Trustee Seiden asked about the job duties and daily activities. Chief Sliozis noted the
officer placed in the position would serve a 4-year commitment and he would assist with
public relations and serve as a mentor and counselor is a lot of ways.

Trustee Farkas asked about the estimated cost of an officer and if a current officer could
be assigned to the school a few hours each day. Chief Sliozis estimated the cost to be
approximately $120,000 including benefits, training, etc., and noted it would be very
difficult to commit a current officer to the school daily.

Mayor Rosenthal noted the Highland Park elementary schools do not have the DARE
Program that Deerfield elementary schools have. She noted the DARE Program helps
build a relationship with the students at a young age. She requested more information
related to the officer’s daily activities and cost sharing.

Manager Street reported there is no single incident that precipitated this request and the
Village expects to receive a formal-written request from School District 113 shortly. He
noted the Police Department will survey neighboring communities to determine how
many of them are utilizing officers in this capacity.

Adjournment
Trustee Jester made a motion to adjourn. The motion was seconded by Trustee Farkas.

The meeting adjourned at 11:05 p.m.

   Respectfully Submitted,

   Andrew S. Lichterman
   Management Analyst
    BILLS & PAYROLL
        FOR THE
    JANUARY 7, 2013
VILLAGE BOARD MEETING
January 7, 2013 Board Meeting

Vendor                                    Invoice #            Description                              Org      Obj               Total Invoice

1ST AYD CORPORATION                       551668               MATERIALS - GARAGE                       702050   5421                        733.59
3M                                        TP74052              TRANSFER TAPE FOR SIGNS                  102050   5421                        270.00

ABC COMMERCIAL MAINTENANCE SERVICES INC   055                  JANITORIAL SERVICES - DEC 12             101210   5320   1,148.00
ABC COMMERCIAL MAINTENANCE SERVICES INC   055                  JANITORIAL SERVICES - DEC 12             102010   5320     419.00
ABC COMMERCIAL MAINTENANCE SERVICES INC   055                  JANITORIAL SERVICES - DEC 12             106010   5320   1,060.00
ABC COMMERCIAL MAINTENANCE SERVICES INC   055                  JANITORIAL SERVICES - DEC 12             542052   5320      30.00
                                                                                                                                            2,657.00

ALAN F. FRIEDMAN, PH.D. INC               120712               PSYCHOLOGICAL SCREENING - 2 NEW HIRES    106010   5387                       1,100.00
ALL-TYPES ELEVATORS INC                   9768909              ELEVATOR MAINT/PW/NOV 12                 102110   5320                         367.10
AMALGAMATED BANK OF CHICAGO               1853708006CT113012   FISCAL AGENT FEE/GOB2003/JUL12-NOV12     502010   5760                         166.67

AMERICAN CHARGE SERVICE                   363312112012         TAXI SUBSIDY PROGRAM                     101111   5384    425.00
AMERICAN CHARGE SERVICE                   363312262012         TAXI SUBSIDY PROGRAM                     101111   5384    475.00
                                                                                                                                              900.00

AMERICAN FIRST AID SERVICES INC           120516               FIRST AID CABINET SUPPLIES               542052   5410                         56.85
AMERICAN GASES CORP                       77127                HELIUM FOR DARE EVENTS                   106033   5415                         92.40
AMERICANEAGLE.COM INC                     165231               WEBSITE HOSTING & MAINT - DEC 12         101210   5370                        150.00
APCO INTERNATIONAL, INC                   222258               COMM TRAINING OFFICER SEMINAR - HARDEN   106020   5212                        349.00

ARAMARK REFRESHMENT SERVICES              320898               COFFEE - PW/ENG                          102010   5450     81.36
ARAMARK REFRESHMENT SERVICES              320898               COFFEE - PW/ENG                          102110   5450     81.36
ARAMARK REFRESHMENT SERVICES              320898               COFFEE - PW/ENG                          502010   5450     81.36
ARAMARK REFRESHMENT SERVICES              320898               COFFEE - PW/ENG                          542010   5450     81.36
                                                                                                                                              325.44

ASCAP                                     10303712312012       ASCAP LICENSE FEE - 2013                 101210   5330                         327.00
ASHLAND / HERCULES INC                    130141710            POLYMER - FOUR (4) DRUMS                 542052   5422                       2,538.00
AT&T                                      773R06276912         A/C 773 R06-2769 884 4 121612-011513     930000   2150                         327.71
AUTOMATIC CONTROL SERVICES                2681                 CHART RECORDER BLANKS - WATER DEPT       502031   5810                          94.16

AVERUS                                    N.2201662            FIRE EXTINGUISHER MAINTENANCE            101111   5322    109.80
AVERUS                                    N.2201407            FIRE EXTINGUISHER MAINTENANCE            106010   5320    433.50
                                                                                                                                              543.30

BADE PAPER PRODUCTS INC                   187260-00            COFFEE CUP SLEEVES                       101111   5460     63.74
BADE PAPER PRODUCTS INC                   187260-00            COFFEE CUP SLEEVES                       106010   5460     27.31
                                                                                                                                               91.05

BASIN, OLEG                               32360/41579          DEPOSIT REFUND - 1504 CROWE              910000   2410                       2,500.00
BRANIFF COMMUNICATIONS INC                0025842              ANNUAL MAINTENANCE AGREEMENT - SIRENS    106010   5322                       2,163.00
BRIGHT ELECTRICAL SUPPLY                  977923               LIGHT FIXTURES - BRIDGE                  602019   5320                         370.60
BURNS & MCDONNELL                         42352-10             DEERFIELD RD ROW IMP THRU 11/30/2012     222082   5362                         251.66
CALEA                                     INV10586             CALEA CONFERENCE - FRY                   106010   5212                         595.00

CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     101111   5540     595.72
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     101330   5540     248.22
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     102010   5540     133.32
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     102110   5540     395.72
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     106010   5550     695.01
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     502010   5540     670.53
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     542010   5540      56.73
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     542052   5540     894.50
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     602019   5320      18.54
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     702050   5540       9.93
CALL ONE                                  101061630000121512   MONTHLY BILLING FOR HARDLINE TELECOM     930000   2150   3,802.27
                                                                                                                                            7,520.49

CDW GOVERNMENT INC                        V235970              COMPUTER MONITOR                         502010   5810                        182.85

CHILDREN'S HOSPITAL OF ILLINOIS           011813               TRAINING FEE - CURREN/KROLL              106010   5212     50.00
CHILDREN'S HOSPITAL OF ILLINOIS           011813               TRAINING FEE - CURREN/KROLL              106034   5212     50.00
                                                                                                                                              100.00

CINTAS                                    022510151            CLOTHING - SLOAN                         542052   5130     13.98
CINTAS                                    022510150            MATS - PW/ENG/TRAIN STATION              102010   5320     36.46
CINTAS                                    022510150            MATS - PW/ENG/TRAIN STATION              102038   5320     36.46
CINTAS                                    022510150            MATS - PW/ENG/TRAIN STATION              502010   5320     36.46
CINTAS                                    022510150            MATS - PW/ENG/TRAIN STATION              542010   5320     36.46
CINTAS                                    022503784            MATS - VH                                101111   5320     37.70
CINTAS                                    022506956            MATS - VH                                101111   5320     37.70
CINTAS                                    022510144            MATS - VH                                101111   5320     37.70
CINTAS                                    022513244            MATS - VH                                101111   5320     37.70
CINTAS                                    022516360            MATS - VH                                101111   5320     37.70
CINTAS                                    022510149            MATS - WRF                               542052   5320     36.91
                                                                                                                                              385.23

CLE INTERNATIONAL                         26313                LAND USE LAW CONF REG - SPAGNOLI         101330   5212                        695.00




                                                                                                                              Page 1 of 7
January 7, 2013 Board Meeting

Vendor                          Invoice #           Description                                   Org      Obj                Total Invoice


COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   101111   5540      23.18
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   101210   5550      39.76
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   101330   5540      26.50
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   102010   5540       9.94
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   102110   5540      26.50
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   106010   5550      82.82
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   502010   5540       6.63
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   542010   5540       6.63
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   542052   5540       6.63
COMCAST CABLE                   0254464/121112      COMCAST HIGH SPEED INTERNET                   702050   5540       3.31
                                                                                                                                         231.90

COMED                           0210000007-120612   A/C 0210000007 092112-102212                  542052   5510       23.48
COMED                           0210000007-121212   A/C 0210000007 102212-112112                  542052   5510       24.50
COMED                           0263148072-122612   A/C 0263148072 112012-122612                  502031   5510    1,736.58
COMED                           0297076067-112812   A/C 0297076067 102412-112612                  542052   5510       75.96
COMED                           0441157035-112612   A/C 0441157035 102312-112612                  102050   5510      218.40
COMED                           0441157035-122712   A/C 0441157035 112612-122712                  102050   5510      203.04
COMED                           0507100076-112612   A/C 0507100076 102412-112612                  542052   5510      203.26
COMED                           0507100076-122712   A/C 0507100076 112612-122712                  542052   5510      227.05
COMED                           0603118092-121412   A/C 0603118092 102412-112112                  542052   5510       24.41
COMED                           0744127017-112612   A/C 0744127017 101912-112012                  542052   5510       27.20
COMED                           0744127017-122812   A/C 0744127017 112012-122612                  542052   5510       28.26
COMED                           1093039047-122612   A/C 1093039047 112112-122612                  602038   5510       45.80
COMED                           1398050042-113012   A/C 1398050042 102412-112012                  102010   5510      133.42
COMED                           1398050042-113012   A/C 1398050042 102412-112012                  106010   5388      104.25
COMED                           1398050042-113012   A/C 1398050042 102412-112012                  602019   5510      318.90
COMED                           1398050042-113012   A/C 1398050042 102412-112012                  602038   5510      761.55
COMED                           1695047076-120412   A/C 1695047076 103112-120312                  102050   5510      209.48
COMED                           2055118031-122612   A/C 2055118031 112012-122612                  102050   5510      132.76
COMED                           2763162001-112712   A/C 2763162001 102412-112112                  502031   5510       76.91
                                                                                                                                        4,575.21

CONSTELLATION NEWENERGY INC     0008387330          CNE1-1D70-910/COMED1695047067/111412-121612   102050   5510    2,290.66
CONSTELLATION NEWENERGY INC     0008209855          CNE1-1D70-911/COMED0233100028/103112-120212   102050   5510    1,030.55
CONSTELLATION NEWENERGY INC     0008111053          CNE1-1D70-912/COMED0039019040/102412-112012   102050   5510      309.00
CONSTELLATION NEWENERGY INC     0008118861          CNE1-EL-3145/COMED0822171022/102412-112512    542052   5510      900.86
CONSTELLATION NEWENERGY INC     0008110765          CNE1-EL-3207/COMED0927104050/101812-111512    542052   5510      753.31
CONSTELLATION NEWENERGY INC     0008411606          CNE1-EL-3207/COMED0927104050/111612-121812    542052   5510      919.23
CONSTELLATION NEWENERGY INC     0008468549          CNE1-EL-3386/COMED3547124017/112012-122512    542052   5510   15,543.52
CONSTELLATION NEWENERGY INC     0008110772          CNE1-EL-4008/COMED0195097137/102412-112012    502031   5510    2,420.02
CONSTELLATION NEWENERGY INC     0008476175          CNE1-EL-4008/COMED0195097137/112112-122612    502031   5510    3,006.10
CONSTELLATION NEWENERGY INC     0008463293          CNE1-EL-4074/COMED0411051084/112112-122512    542052   5510    1,680.03
CONSTELLATION NEWENERGY INC     0008476491          CNE1-EL-4076/COMED0465035072/112612-122612    502031   5510      401.94
CONSTELLATION NEWENERGY INC     0008138788          CNE1-EL-4076/COMED0485035072/102412-112512    502031   5510      333.69
CONSTELLATION NEWENERGY INC     0008138787          CNE1-EL-4142/COMED0606055010/102312-112012    502031   5510    1,186.72
CONSTELLATION NEWENERGY INC     0008476177          CNE1-EL-4142/COMED0606055010/112112-122612    502031   5510    1,600.30
                                                                                                                                       32,375.93

CONTINENTAL WEATHER SERVICE     12671               WEATHER FORECASTING - DEC 12                  102010   5365      37.50
CONTINENTAL WEATHER SERVICE     12671               WEATHER FORECASTING - DEC 12                  502010   5365      37.50
CONTINENTAL WEATHER SERVICE     12671               WEATHER FORECASTING - DEC 12                  542010   5365      37.50
CONTINENTAL WEATHER SERVICE     12671               WEATHER FORECASTING - DEC 12                  542052   5365      37.50
                                                                                                                                         150.00

CRAFTWOOD LUMBER CO.            159953              CREDIT MEMO - RETURNED ITEMS                  102050   5421      (0.10)
CRAFTWOOD LUMBER CO.            160651              MISC OPERATING SUPPLIES                       101111   5460       5.99
CRAFTWOOD LUMBER CO.            159577              MISC OPERATING SUPPLIES                       101210   5387      52.82
CRAFTWOOD LUMBER CO.            160651              MISC OPERATING SUPPLIES                       102038   5460       1.59
CRAFTWOOD LUMBER CO.            160651              MISC OPERATING SUPPLIES                       106010   5460      39.95
CRAFTWOOD LUMBER CO.            160265              MISC SUPPLIES                                 102050   5421       5.60
CRAFTWOOD LUMBER CO.            160047              MISC SUPPLIES                                 102050   5421      12.34
CRAFTWOOD LUMBER CO.            159795              MISC SUPPLIES                                 102050   5421      49.76
CRAFTWOOD LUMBER CO.            159819              NUT/BOLTS - VH LIGHTING                       102050   5421      38.65
CRAFTWOOD LUMBER CO.            159947              SUPPLIES                                      102050   5421      12.37
                                                                                                                                         218.97

CRAIN'S CHICAGO BUSINESS        1596012262012       SUBSCRIPTION RENEWAL - STREET                 101210   5213                          97.95
CRITICAL REACH, INC             13-135              BULLETIN SERVICE                              106010   5370                         395.00

CURTIS 1000 INC                 3418118             LETTERHEAD - PW/ENG                           102010   5450      60.31
CURTIS 1000 INC                 3418118             LETTERHEAD - PW/ENG                           102110   5450      60.30
CURTIS 1000 INC                 3418118             LETTERHEAD - PW/ENG                           502010   5450      60.31
CURTIS 1000 INC                 3418118             LETTERHEAD - PW/ENG                           542010   5450      60.31
CURTIS 1000 INC                 3418118             LETTERHEAD - PW/ENG                           542052   5450      60.31
                                                                                                                                         301.54

DBR CHAMBER OF COMMERCE         11585               DBR CHAMBER 87TH ANNUAL HOLIDAY LUNCHEON      101210   5331      75.00
DBR CHAMBER OF COMMERCE         247.2139.63951      DBR CHAMBER LUNCHEON - LITTLE                 102110   5410      15.00
                                                                                                                                          90.00




                                                                                                                         Page 2 of 7
January 7, 2013 Board Meeting

Vendor                                    Invoice #         Description                                    Org      Obj              Total Invoice


DEERFIELD PARK DISTRICT                   906796            JOINT BOARD RECEPTION - 10/24/2012             101210   5387                        171.01
DEHNE LAWN & LEISURE INC                  97683             SNOW BLOWER PARTS                              542052   5470                        215.00
DELLINGER ELECTRIC, INC                   5612              ELECTRICAL WORK - PD CONFERENCE ROOM           106010   5320                        482.40
DI VINCI PAINTERS INC                     17478             PAINTING - HAWTHORN PUMP STATION               502031   5322                      2,550.00
DOOR SYSTEMS, INC                         0769341-IN        REPAIR OF NORTH GARAGE DOOR                    542052   5322                        745.65
EMPLOYMENT SCREENING ALLIANCE             9344              PRE-EMPLOYMENT CREDIT CHECKS                   106010   5387                         55.50
FAMILY SERVICE: PREV, EDUC & COUNSELING   27395113012       EAP - NOV 12                                   101111   5365                         90.00

FEDERAL EXPRESS CORP                      2-117-76346-FIN   MAILING - BOND ISSUE                           101111   5337    21.34
FEDERAL EXPRESS CORP                      2-125-75502-FIN   MAILING - BOND ISSUE                           101111   5337    45.68
                                                                                                                                                 67.02

FIFELSKI, ANGELA M.                       390443/62755      REFUND FINE - UNINCORPORATED DRFLD             100001   4511                         25.00
FINISH LINE AUTOMOTIVE INC                27729             TRANSMISSION REPAIR - #301                     702050   5470                      2,257.10
FLOLO ELECTRIC CORP                       090192            PREDICTIVE MAINTENANCE - NOV 12                502031   5322                        350.00

FLOYD ENTERPRISES, LLC                    26160             U/B CREDIT BALANCE REFUND                      500000   1270     4.45
FLOYD ENTERPRISES, LLC                    26161             U/B CREDIT BALANCE REFUND                      500000   1270    44.47
                                                                                                                                                 48.92

FRY, CHRISTOPHER                          031913            TRAVEL ADVANCE - CALEA CONFERENCE              106010   5211                        359.60
G & O THERMAL SUPPLY                      870238            AIR PRESSURE SWITCH - VH HVAC                  101111   5322                         56.15
GALLS, AN ARAMARK CO, LLC                 000235008         APPAREL                                        106034   5130                         21.24
GEWALT-HAMILTON ASSOCIATES INC            4619.000-3        OUTFALL REPLACEMENT - VARIOUS: 102912-112512   222082   5362                      2,080.50

GHA TECHNOLOGIES, INC                     745074            COMPUTER PERIPHERALS                           101210   5810    60.00
GHA TECHNOLOGIES, INC                     745074            COMPUTER PERIPHERALS                           502010   5810    28.00
GHA TECHNOLOGIES, INC                     747812            LAPTOP CASE                                    502031   5810    38.00
                                                                                                                                                126.00

GLENBROOK LANDSCAPING COMPANY             104120-05112012   WATER MAIN BREAK RESTORATION                   502050   5365                      1,890.00
GLOWACZ, MARY ANNE K                      121312            EXP REIMB - LADIES' HOLIDAY LUNCHEON           106010   5460                        200.00
GOVN FINANCE OFFICERS ASSN                0143002-122012    DUES - BURK                                    101111   5330                         40.00

GRAINGER INC                              9024060916        LIGHT FIXTURE                                  102050   5421   416.48
GRAINGER INC                              9014521802        LOCK - HAWTHORNE RESERVOIR                     502031   5322    10.03
GRAINGER INC                              9009422727        STREET LIGHT BALLASTS                          102050   5421   665.52
                                                                                                                                              1,092.03

GRAND PRIX CAR WASH                       113012            POLICE SQUAD CAR WASHES                        106034   5326                        79.50

GUY SCOPELLITI ORIGINAL LANDSCAPING CO.   21187             FALL CLEANUP - CREEK/HOLLY ROAD                102050   5365   113.62
GUY SCOPELLITI ORIGINAL LANDSCAPING CO.   21200             TREE PLANTING - 16 W ST ANDREWS                102037   5365   353.50
GUY SCOPELLITI ORIGINAL LANDSCAPING CO.   21233             WAUKEGAN RD - MOW/CLEAN UP                     102050   5365   188.87
                                                                                                                                                655.99

HALL SIGNS INC                            279254            STREET SIGN BLANKS                             102050   5430                        795.32
HAVEY COMMUNICATIONS, INC                 2113              RADIO REPAIR                                   106010   5322                        359.00
HD SUPPLY WATERWORKS                      5838605           PIPE CAP                                       502050   5421                         77.00
HEALY ASPHALT COMPANY, LLC                37347MB           COLD PATCH - UPM                               102050   5421                      3,188.00

HIGHLAND PARK FORD                        CM100312          CREDIT MEMO - RETURNED ITEM                    702050   5470   (12.07)
HIGHLAND PARK FORD                        58040             HEAD LAMP ASSEMBLY - #307                      702050   5470    90.32
HIGHLAND PARK FORD                        58076             RADIO REPAIR - CAR #1                          702050   5470   285.00
                                                                                                                                                363.25

HODGES, STACI AND CHRIS                   283516            DEPOSIT REFUND - 240 KENMORE                   910000   2410                      1,500.00

HOME DEPOT CREDIT SERVICES                7207006           CREDIT MEMO - RETURNED ITEMS                   102050   5421   (81.89)
HOME DEPOT CREDIT SERVICES                7253926           FLAGPOLE ROPE/VOLTAGE TESTER - STREET DEPT     102050   5421    69.09
HOME DEPOT CREDIT SERVICES                5100851           GARBAGE CAN/SINK STOPPERS - LAB                542052   5470    55.73
HOME DEPOT CREDIT SERVICES                5100593           HOLIDAY DECORATIONS                            542010   5320   104.39
HOME DEPOT CREDIT SERVICES                160244            KEYS - POLICE AUTO POUND                       106010   5460     6.13
HOME DEPOT CREDIT SERVICES                3102036           MATERIALS - GARAGE                             702050   5421    26.44
HOME DEPOT CREDIT SERVICES                4101388           MISC OPERATING SUPPLIES                        101111   5460    14.00
HOME DEPOT CREDIT SERVICES                4101388           MISC OPERATING SUPPLIES                        102038   5460     3.49
HOME DEPOT CREDIT SERVICES                4101388           MISC OPERATING SUPPLIES                        106010   5460    52.47
HOME DEPOT CREDIT SERVICES                8104666           SNOW SHOVELS/MISC CLEANING SUPPLIES - WRF      542052   5410   128.67
HOME DEPOT CREDIT SERVICES                7014526           SUPPLIES - STREET DEPT                         102050   5421   149.80
                                                                                                                                                528.32

HORTICULTURAL SERVICES                    389602            DEPOSIT REFUND - 965 NORTH                     910000   2423                       500.00
HT STRENGER                               7203-877527       BUILDING MAINTENANCE                           106010   5320                       367.00
HURY, GREGORY                             121212            TRAINING TRAVEL REIMBURSEMENT                  106034   5211                        79.94
I.A.P.E.M.                                9120              2013 CONFERENCE - FRY                          106034   5212                       335.00

IDLEWOOD ELECTRIC SUPPLY INC              013457            BALLASTS FOR CANISTER LIGHTS - VH              101111   5410    63.98
IDLEWOOD ELECTRIC SUPPLY INC              013455            CREDIT MEMO - RETURNED ITEMS                   102050   5421   (11.19)
IDLEWOOD ELECTRIC SUPPLY INC              013453            CREDIT MEMO - RETURNED ITEMS                   102050   5421   (11.00)
IDLEWOOD ELECTRIC SUPPLY INC              013381            ELECTRICAL SUPPLIES                            102050   5421    13.74
IDLEWOOD ELECTRIC SUPPLY INC              012806            ELECTRICAL SUPPLIES                            102050   5421    14.91
IDLEWOOD ELECTRIC SUPPLY INC              013132            ELECTRICAL SUPPLIES                            102050   5421    20.36
IDLEWOOD ELECTRIC SUPPLY INC              013531            HVAC CONTROL PARTS                             102110   5320     2.93
IDLEWOOD ELECTRIC SUPPLY INC              013511            HVAC CONTROL PARTS                             102110   5320    85.13
                                                                                                                                                178.86




                                                                                                                                Page 3 of 7
January 7, 2013 Board Meeting

Vendor                                     Invoice #        Description                             Org      Obj                Total Invoice


IL FORNOS PIZZA                            076455           DARE GRADUATION - WALDEN                106033   5415                         265.00

IMAGISTICS INTERNATIONAL, INC.             735574238        COPIER MAINT/POL/JUL12                  106010   5322     205.94
IMAGISTICS INTERNATIONAL, INC.             737094793        COPIER MAINT/POL/NOV12                  106010   5322     278.14
                                                                                                                                           484.08

JG UNIFORMS, INC                           29415            BULLET-PROOF VEST - KROLL               106010   5130                         550.00
JOE AND TONY LANDSCPAPING                  372832           DEPOSIT REFUND - 1245 LAUREL            910000   2423                         500.00
JOSEPH J HENDERSON & SON, INC              13846            WRF CONSTRUCTION/DRAW #23/THRU 113012   222082   5941                     982,937.92

KALE UNIFORMS                              814446           APPAREL                                 106010   5130       51.21
KALE UNIFORMS                              814448           APPAREL                                 106010   5130      110.94
KALE UNIFORMS                              816283           APPAREL                                 106033   5130      153.46
KALE UNIFORMS                              814980           APPAREL                                 106034   5130        7.50
KALE UNIFORMS                              816180           APPAREL                                 106034   5130       12.00
KALE UNIFORMS                              814979           APPAREL                                 106034   5130       15.00
KALE UNIFORMS                              816172           APPAREL                                 106034   5130       24.95
KALE UNIFORMS                              816173           APPAREL                                 106034   5130       24.95
KALE UNIFORMS                              816174           APPAREL                                 106034   5130       24.95
KALE UNIFORMS                              814977           APPAREL                                 106034   5130       32.50
KALE UNIFORMS                              816178           APPAREL                                 106034   5130       53.50
KALE UNIFORMS                              814976           APPAREL                                 106034   5130       57.00
KALE UNIFORMS                              814981           APPAREL                                 106034   5130       66.00
KALE UNIFORMS                              814449           APPAREL                                 106034   5130       96.99
KALE UNIFORMS                              816179           APPAREL                                 106034   5130      107.00
KALE UNIFORMS                              816848           APPAREL                                 106034   5130      141.46
KALE UNIFORMS                              816439           APPAREL                                 106034   5130      142.00
KALE UNIFORMS                              816175           APPAREL                                 106034   5130      144.41
KALE UNIFORMS                              816177           APPAREL                                 106034   5130      144.50
KALE UNIFORMS                              816176           APPAREL                                 106034   5130      162.49
KALE UNIFORMS                              814974           APPAREL                                 106034   5130      190.27
KALE UNIFORMS                              816171           APPAREL                                 106034   5130      204.00
KALE UNIFORMS                              817150           APPAREL                                 106034   5130      209.00
KALE UNIFORMS                              814975           APPAREL                                 106034   5130      282.50
KALE UNIFORMS                              814447           APPAREL                                 106034   5130      339.50
KALE UNIFORMS                              814666           APPAREL                                 106034   5130      339.50
KALE UNIFORMS                              816417           BADGES                                  106010   5130    1,144.79
                                                                                                                                          4,282.37

KATTEN MUCHIN ROSENMAN LLP                 1300991597       BOND COUNSEL - 2013 BOND ISSUE          237072   5761                      19,075.00
KONICA MINOLTA BUSINESS SOLUTIONS          223194996        COPIER MAINT/ENG/DEC12                  102110   5450                          64.74
LAKE COUNTY PARTNERS                       10099012212012   2013 INVESTMENT                         101210   5330                       3,651.00
LAW ENFORCEMENT TARGETS INC                0208804-IN       1,000 RANGE TARGETS                     106010   5460                         272.24
LEADER PETROCHEM                           01EN1649         WINDSHIELD WASHER SOLVENT - STOCK       702050   5470                         142.35

LITTLE TOMMY'S PLUMBING SHOP               1190-6925        HOT WATER HEATER - HAWTHORN RESERVOIR   502031   5322    1,312.00
LITTLE TOMMY'S PLUMBING SHOP               1190-6926        NEW WATER LINE - PW GARAGE              502010   5320    2,020.50
                                                                                                                                          3,332.50

LITTLE, BARBARA K                          12182012         APWA MEETING FEE - LITTLE               102010   5330        7.00
LITTLE, BARBARA K                          12182012         APWA MEETING FEE - LITTLE               102110   5330        7.00
LITTLE, BARBARA K                          12182012         APWA MEETING FEE - LITTLE               502010   5330        7.00
LITTLE, BARBARA K                          12182012         APWA MEETING FEE - LITTLE               542010   5330        7.00
LITTLE, BARBARA K                          12182012         APWA MEETING FEE - LITTLE               542052   5330        7.00
                                                                                                                                            35.00

MARK VEND COMPANY                          26063            REUND OVERPAYMENT OF FEES               100000   1270                         105.00
MASTER BREW                                1274228          COFFEE                                  106010   5460                         168.28
MCHENRY ANALYTICAL WATER LABORATORY, INC   309709           INDEPENDENT LAB WORK                    542052   5365                         165.45

MENONI & MOCOGNI, INC.                     1025376          BLACK DIRT - GUY SCOPELLITI             102037   5421      57.00
MENONI & MOCOGNI, INC.                     1027079          BLACK DIRT - WATER DEPT                 502050   5421     162.50
MENONI & MOCOGNI, INC.                     1027137          BLACK DIRT - WATER DEPT                 502050   5421     175.00
MENONI & MOCOGNI, INC.                     88042811         CONCRETE - GREENWOOD & COURIER          502050   5421     575.00
MENONI & MOCOGNI, INC.                     88072023         CONCRETE - PINE & CHARING CROSS         502050   5421     738.00
                                                                                                                                          1,707.50

METLIFE                                    56790DEC12       DENT/DEC12/KM057128160001               100000   1613       46.34
METLIFE                                    56790DEC12       DENT/DEC12/KM057128160001               100000   2437    2,131.36
METLIFE                                    56790DEC12       DENT/DEC12/KM057128160001               100000   2438    1,390.04
METLIFE                                    56790DEC12       DENT/DEC12/KM057128160001               100000   2439    3,220.21
METLIFE                                    56790DEC12       DENT/DEC12/KM057128160001               730000   2061   10,031.11
                                                                                                                                         16,819.06

MGN LOCK - KEY & SAFES, INC.               50669            BUILDING MAINTENANCE                    106010   5320                         172.25

MGP, INC                                   1816             GIS SERVICES - DEC 12                   102110   5375    5,957.17
MGP, INC                                   1795             GIS SERVICES - NOV 12                   102110   5375    5,957.17
                                                                                                                                         11,914.34

MID-TOWN PETROLEUM #774651                 0731101-IN       CENTRIFUGE OIL                          542052   5421                          747.15
MUNICIPAL INSURANCE COOPERATIVE AGENCY     014509-049521    DEDUCTIBLE - CRACK IN STRUCTURAL BEAM   101111   5350                        1,000.00




                                                                                                                           Page 4 of 7
January 7, 2013 Board Meeting

Vendor                                     Invoice #              Description                                       Org      Obj               Total Invoice


MUTUAL SERVICES OF HIGHLAND PARK           456298                 CARPET CLEANING SOLUTION                          542052   5460     13.49
MUTUAL SERVICES OF HIGHLAND PARK           456239                 MISC OPERATING SUPPLIES                           101111   5460     20.41
MUTUAL SERVICES OF HIGHLAND PARK           456239                 MISC OPERATING SUPPLIES                           101330   5460     15.30
MUTUAL SERVICES OF HIGHLAND PARK           456239                 MISC OPERATING SUPPLIES                           102010   5460     30.61
MUTUAL SERVICES OF HIGHLAND PARK           456239                 MISC OPERATING SUPPLIES                           106010   5460     35.71
                                                                                                                                                          115.52

NAT'L PUB EMPLYR LABOR RELATIONS ASSN      LITTLE29452-2013       2013 ANNUAL MEMBERSHIP DUES - LITTLE              102010   5330     47.50
NAT'L PUB EMPLYR LABOR RELATIONS ASSN      LITTLE29452-2013       2013 ANNUAL MEMBERSHIP DUES - LITTLE              502010   5330     47.50
NAT'L PUB EMPLYR LABOR RELATIONS ASSN      LITTLE29452-2013       2013 ANNUAL MEMBERSHIP DUES - LITTLE              542010   5330     47.50
NAT'L PUB EMPLYR LABOR RELATIONS ASSN      LITTLE29452-2013       2013 ANNUAL MEMBERSHIP DUES - LITTLE              542052   5330     47.50
                                                                                                                                                          190.00

NEW WORLD SYSTEMS                          024269                 2013 CONFERENCE - GLOWACZ                         106020   5212                       1,421.09
NORTH CENTRAL LABORATORIES                 313897                 LAB CHEMICALS & SUPPLIES                          542052   5460                         167.16

NORTH SHORE GAS                            3500001963721113012    A/C 3 5000 0196 3721 041312-112912                542052   5520   2,718.64
NORTH SHORE GAS                            3500001963721-122112   A/C 3 5000 0196 3721 112912-122112                542052   5520     951.29
NORTH SHORE GAS                            3500025944094-121912   A/C 3 5000 2594 4094 111512-121912                542052   5520     155.26
NORTH SHORE GAS                            8500044844380121712    A/C 8 5000 4484 4380 101712-121712                101111   5520      61.95
                                                                                                                                                        3,887.14

NORTHEASTERN ILLINOIS PUBLIC SAFETY        10075                  SEMINAR - BUSSCHER/OSCARSON/FEJES/OLMSTEAD        102010   5210     62.50
NORTHEASTERN ILLINOIS PUBLIC SAFETY        10075                  SEMINAR - BUSSCHER/OSCARSON/FEJES/OLMSTEAD        502010   5210     62.50
NORTHEASTERN ILLINOIS PUBLIC SAFETY        10075                  SEMINAR - BUSSCHER/OSCARSON/FEJES/OLMSTEAD        542010   5210     62.50
NORTHEASTERN ILLINOIS PUBLIC SAFETY        10075                  SEMINAR - BUSSCHER/OSCARSON/FEJES/OLMSTEAD        542010   5210     62.50
                                                                                                                                                          250.00

NORTHWEST POLICE ACADEMY                   122612                 TRAINING FEE - SLIOZIS                            106010   5212                         25.00

OFFICE DEPOT                               634430609001           BUSINESS CARDS                                    106010   5130     39.00
OFFICE DEPOT                               636950672001           OFFICE SUPPLIES                                   101111   5450      2.64
OFFICE DEPOT                               636950596001           OFFICE SUPPLIES                                   101111   5450     51.76
OFFICE DEPOT                               633104418001           OFFICE SUPPLIES                                   101111   5450     67.20
OFFICE DEPOT                               634629243001           OFFICE SUPPLIES                                   101111   5450     83.20
OFFICE DEPOT                               634430558001           OFFICE SUPPLIES                                   106010   5450     21.80
                                                                                                                                                          265.60

OFFICE TRAINING SERVICES INC               12087                  MICROSOFT OFFICE TRAINING                         101111   5210     404.17
OFFICE TRAINING SERVICES INC               12087                  MICROSOFT OFFICE TRAINING                         101210   5210     236.11
OFFICE TRAINING SERVICES INC               12087                  MICROSOFT OFFICE TRAINING                         101330   5212     418.05
OFFICE TRAINING SERVICES INC               12087                  MICROSOFT OFFICE TRAINING                         102010   5210     269.44
OFFICE TRAINING SERVICES INC               12087                  MICROSOFT OFFICE TRAINING                         102110   5210     418.06
OFFICE TRAINING SERVICES INC               12087                  MICROSOFT OFFICE TRAINING                         106010   5212   2,491.67
OFFICE TRAINING SERVICES INC               12087                  MICROSOFT OFFICE TRAINING                         502010   5210     175.00
                                                                                                                                                        4,412.50

O'LEARY'S CONTRACTORS EQUIPMENT & SUPPLY   75010                  SMALL ENGINE PARTS                                702050   5470                         49.28
OSCARSON, ERIC                             103464121712           TUITION REIMBURSEMENT                             102010   5122                        900.00

PATTEN POWER SYSTEMS INC                   PM600214734            LOAD BANKING GENERATORS - WRF                     542052   5322     714.00
PATTEN POWER SYSTEMS INC                   PM600214830            LOAD BANKING GENERATORS - WRF                     542052   5322     840.00
PATTEN POWER SYSTEMS INC                   PM600214733            LOAD BANKING GENERATORS - WRF                     542052   5322     856.00
PATTEN POWER SYSTEMS INC                   PM600215077            LOAD BANKING GENERATORS - WRF                     542052   5322   1,063.13
PATTEN POWER SYSTEMS INC                   PM600215305            REPLACE GENERATOR - WARWICK RD WTR PUMP           542052   5322   1,579.18
                                                                                                                                                        5,052.31

PIONEER PRESS                              180729-2013/PWENG      SUBSCRIPTION - 2013                               102110   5336                          52.00
PORTER LEE CORP                            12373                  ANNUAL SUPPORT FEE - BEAST                        106010   5370                         730.00
PRECISION SERVICE & PARTS INC              30FE1608               BLOWER MOTOR RESISTOR - #304                      702050   5470                          30.97
PREON                                      2013                   PREVENTIVE MAINTENANCE - UPS BATTERY              176020   5323                       3,250.00

QUILL CORPORATION                          7700647                OFFICE SUPPLIES - WRF/ENG                         102110   5450     15.29
QUILL CORPORATION                          7700647                OFFICE SUPPLIES - WRF/ENG                         542052   5450     23.39
                                                                                                                                                           38.68

RED'S GARDEN CENTER INC                    121487                 HOLIDAY DECORATIONS - EVERGREEN ROPING            102037   5365                      2,940.50
RJN GROUP INC                              11                     INFLOW/INFILTRATION REDUCTION PROG: THRU 113012   222082   5362                     19,762.13
ROBERT J. GEISS, PHD & ASSOCIATES. P.C.    V11002/NOV12           EAP - NOV 12                                      101111   5365                         45.00
ROCKENBACH CHEVROLET MEGA STORE            260219                 PARTS - #605/PARTS STOCK                          702050   5470                        190.84
ROESCH FORD TRUCK CENTER                   6237                   2012 FORD F-550 TRUCK W/ CRANE                    211150   5860                     58,164.00

RONDOUT SERVICE CENTER                     5003                   SAFETY LANE TEST - #602                           702050   5470     23.50
RONDOUT SERVICE CENTER                     5006                   SAFETY LANE TEST - #708                           702050   5470     23.00
RONDOUT SERVICE CENTER                     5002                   SAFETY LANE TEST - #801                           702050   5470     23.50
                                                                                                                                                           70.00

ROSENTHAL, MURPHEY, COBLENTZ & DONAHUE     142M121112             VILLAGE ATTORNEY SERVICES - NOV 12                101210   5360                     12,485.17
ROSSI, PETER L                             75890121212            CDL RENEWAL - ROSSI                               502010   5210                         65.00
SAFE KIDS WORLDWIDE                        2012-1101-12-12        TRAINING REGISTRATION                             106034   5212                         75.00




                                                                                                                                          Page 5 of 7
January 7, 2013 Board Meeting

Vendor                                 Invoice #          Description                                   Org      Obj               Total Invoice


SAM'S CLUB DIRECT                      999999-2013        ADMIN/SERVICE FEE - 2013                      101111   5460     10.00
SAM'S CLUB DIRECT                      999999-2013        ADMIN/SERVICE FEE - 2013                      101330   5460     10.00
SAM'S CLUB DIRECT                      999999-2013        ADMIN/SERVICE FEE - 2013                      102010   5460     10.00
SAM'S CLUB DIRECT                      999999-2013        ADMIN/SERVICE FEE - 2013                      102038   5460     10.00
SAM'S CLUB DIRECT                      999999-2013        ADMIN/SERVICE FEE - 2013                      106010   5460     10.00
SAM'S CLUB DIRECT                      CF121212           MEMBERSHIP FEE - 2013                         101111   5460     10.00
SAM'S CLUB DIRECT                      CF121212           MEMBERSHIP FEE - 2013                         101330   5460     10.00
SAM'S CLUB DIRECT                      CF121212           MEMBERSHIP FEE - 2013                         102010   5460     10.00
SAM'S CLUB DIRECT                      CF121212           MEMBERSHIP FEE - 2013                         102038   5460     10.00
SAM'S CLUB DIRECT                      CF121212           MEMBERSHIP FEE - 2013                         106010   5460     10.00
SAM'S CLUB DIRECT                      0474               MISC OPERATING SUPPLIES                       101111   5460     38.57
SAM'S CLUB DIRECT                      6511               MISC OPERATING SUPPLIES                       101111   5460     78.68
SAM'S CLUB DIRECT                      7431               MISC OPERATING SUPPLIES                       101111   5460    105.04
SAM'S CLUB DIRECT                      0474               MISC OPERATING SUPPLIES                       101330   5460     15.43
SAM'S CLUB DIRECT                      6511               MISC OPERATING SUPPLIES                       101330   5460     22.48
SAM'S CLUB DIRECT                      7431               MISC OPERATING SUPPLIES                       101330   5460     42.02
SAM'S CLUB DIRECT                      6511               MISC OPERATING SUPPLIES                       102010   5460     11.22
SAM'S CLUB DIRECT                      0474               MISC OPERATING SUPPLIES                       102010   5460     23.13
SAM'S CLUB DIRECT                      7431               MISC OPERATING SUPPLIES                       102010   5460     63.01
SAM'S CLUB DIRECT                      6511               MISC OPERATING SUPPLIES                       102038   5460     11.24
SAM'S CLUB DIRECT                      7431               MISC OPERATING SUPPLIES                       102038   5460     63.03
SAM'S CLUB DIRECT                      0474               MISC OPERATING SUPPLIES                       106010   5460     38.57
SAM'S CLUB DIRECT                      6511               MISC OPERATING SUPPLIES                       106010   5460     78.68
SAM'S CLUB DIRECT                      7431               MISC OPERATING SUPPLIES                       106010   5460    126.05
SAM'S CLUB DIRECT                      7431               MISC OPERATING SUPPLIES                       542052   5460     21.01
SAM'S CLUB DIRECT                      6511               MISC OPERATING SUPPLIES                       542052   5460     22.48
SAM'S CLUB DIRECT                      0474               MISC OPERATING SUPPLIES                       542052   5460     38.57
                                                                                                                                              899.21

SCIARRETTA ENTERPRISES, INC            12-180556          ASPHALT REMOVAL/CARTAGE                       502050   5421                       1,710.00
SEDGWICK CLAIMS MANAGEMENT SRVCS INC   B1008235           U/C ADMIN: JAN 13 - MAR 13                    101111   5365                         125.00

SHERIDAN AUTO PARTS & MACHINE          767412             BRAKE PARTS - #604                            702050   5470     11.95
SHERIDAN AUTO PARTS & MACHINE          765999             STOCK                                         702050   5470     23.69
                                                                                                                                               35.64

SHERRILLTREE                           INV-275242         TREE DIAMETER TAPE MEASURES                   102037   5421                         93.90
SNAP-ON INCORPORATED                   106899             REPLACEMENT TOOLS - GARAGE                    702050   5440                        229.95
SOLECKI, PAMELA                        26079              U/B CREDIT BALANCE REFUND                     500000   1270                        179.58
STANDARD EQUIPMENT CO                  C79972             CONTROL - #702                                702050   5470                        977.71
STERICYCLE INC                         4003829788         ANNUAL BILLING - MEDICAL WASTE SERVICES       106010   5320                        538.92
STERLING CODIFIERS INC                 13060              MUNI CODE - SUPPLEMENT #91                    101210   5335                      1,518.00
STRAND ASSOCIATES INC                  0095095            WRF CONSTRUCTION OBSERVATION: 110112-113012   222082   5362                    102,798.42

SUN-TIMES MEDIA                        I0000447093-1122   LEGAL NOTICE PUBLICATION                      101330   5336     92.80
SUN-TIMES MEDIA                        0000467838-01      LEGAL NOTICE PUBLICATION                      101330   5336    104.00
                                                                                                                                              196.80

SWAGIT PRODUCTIONS LLC                 3222               VIDEO STREAMING SERVICES - NOV 12             101210   5364                        645.00
SWC INC                                378892/50913       DEPOSIT REFUND - 228 GLADYS                   910000   2423                        500.00
TESKA ASSOCIATES INC                   3781               NW QUAD MASTER PLAN                           101210   5365                     30,223.83

THELEN MATERIALS LLC                   290124             CLEAN FILL DUMP                               502050   5421    515.03
THELEN MATERIALS LLC                   289763             CLEAN FILL DUMP                               502050   5421    515.86
                                                                                                                                            1,030.89

TYCO INTEGRATED SECURITY LLC           86302311           ALARM MONITORING - WRF                        542052   5320                        102.00
TYLER TECHNOLOGIES, INC. / MUNIS       045-196428         2012 TAX FORMS                                101111   5460                        166.87

URBAN FOREST MANAGEMENT INC            121130             FORESTRY SERVICES - NOV 12                    102037   5365     127.50
URBAN FOREST MANAGEMENT INC            121129             FORESTRY SERVICES - NOV 12                    102037   5365   1,026.25
URBAN FOREST MANAGEMENT INC            121131             FORESTRY SERVICES - NOV 12                    102037   5365   1,380.00
URBAN FOREST MANAGEMENT INC            121056             FORESTRY SERVICES - OCT 12                    102037   5365     212.50
URBAN FOREST MANAGEMENT INC            121055             FORESTRY SERVICES - OCT 12                    102037   5365   1,075.00
URBAN FOREST MANAGEMENT INC            121054             FORESTRY SERVICES - OCT 12                    102037   5365   1,317.50
                                                                                                                                            5,138.75

US BANK                                3297303            PAYING AGENT FEES - 2013 BOND ISSUE           357075   5760                        900.00
USABLUEBOOK                            837151             DEODORANT BLOCKS/3-SECTION CORE SAMPLER       542052   5422                        805.55

VAN EVERY, MICHELLE                    317083             DEPOSIT REFUND - 1444 GREENWOOD               910000   2410   2,000.00
VAN EVERY, MICHELLE                    317083             DEPOSIT REFUND - 1444 GREENWOOD               910000   2423     500.00
                                                                                                                                            2,500.00




                                                                                                                              Page 6 of 7
January 7, 2013 Board Meeting

Vendor                             Invoice #          Description                               Org      Obj                        Total Invoice


VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 101111   5540              73.34
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 101210   5540             299.95
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 101330   5540             230.40
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 102010   5540             254.71
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 102110   5540             269.06
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 106010   5550             517.51
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 106034   5550             239.64
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 176020   5550             722.19
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 502010   5540             156.19
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 542010   5540             158.56
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 542052   5540             165.77
VERIZON WIRELESS                   2846866258         CELLULAR TELECOM SERVICES                 702050   5540              74.35
                                                                                                                                              3,161.67

WAREHOUSE DIRECT OFFICE PRODUCTS   1797311-0          OFFICE SUPPLIES                           106010   5450              33.71
WAREHOUSE DIRECT OFFICE PRODUCTS   1795393-0          OFFICE SUPPLIES                           106010   5450              39.06
                                                                                                                                                72.77

WEISS BUSINESS FORMS               30489              OVERTIME CARDS - PW                       102010   5450              34.58
WEISS BUSINESS FORMS               30489              OVERTIME CARDS - PW                       502010   5450              34.57
WEISS BUSINESS FORMS               30489              OVERTIME CARDS - PW                       542010   5450              34.58
WEISS BUSINESS FORMS               30489              OVERTIME CARDS - PW                       542052   5450              34.57
                                                                                                                                               138.30

WEST GROUP PAYMENT CENTER          826170466          CLEAR PLUS INVESTIGATIVE SUITE - NOV 12   106010   5370                                 137.45

WHOLESALE DIRECT INC               000196643          EXTENDABLE SNOW BRUSHES                   702050   5470             160.56
WHOLESALE DIRECT INC               000196788          WIPER BLADES                              702050   5470             108.10
WHOLESALE DIRECT INC               000196860          WIPER BLADES                              702050   5470             129.00
                                                                                                                                               397.66

WINER & WINER                      NOV12              PROSECUTION SERVICES - NOV 12             106010   5361                                4,465.00
WOLD PRINTING SERVICES, LTD        8985               PRINTING SERVICES - 2013 BOND ISSUE       237072   5761                                3,276.40
ZIDMAN, MICHAEL                    26162              U/B CREDIT BALANCE REFUND                 500000   1270                                    3.00
ZIEBELL WATER SERVICE PRODUCTS     218708-000         B-BOX LIDS                                502050   5421                                  142.70

                                                                                                Total Invoices                       $   1,412,356.99

Pre-Paid Checks

AT&T                               847734574512       A/C 847 734-5745 913 1 120712-010613      176020   5550              336.39
AT&T                               847734576512       A/C 847 734-5765 442 6 120712-010613      176020   5550            1,883.15
AT&T                               847734621512       A/C 847 734-6215 842 1 120712-010613      930000   2150              881.74
                                                                                                                                              3,101.28

CLERK OF THE CIRCUIT COURT         391404             BOND MONEY TRANSFER                       910000   2441                                  375.00
COMED                              15271121312        WRF POWER FEED - DEPOSIT                  222082   5941                                2,500.00

                                                                                                Total Pre-Paid Checks                $       5,976.28

Pre-Paid Wire Transactions

DEERFIELD POLICE PENSION           POLPEN12142012     POLPEN CONTRIBS 12/14/2012 PR             730000   2066                              12,356.56

FEDERAL TAXES                      PR12142012         FICA/MC/FIT 12/14/2012 PR                 730000   2011           43,200.39
FEDERAL TAXES                      PR12142012         FICA/MC/FIT 12/14/2012 PR                 730000   2031           19,916.24
FEDERAL TAXES                      PR12142012         FICA/MC/FIT 12/14/2012 PR                 730000   2032            6,364.60
FEDERAL TAXES                      PR12142012         FICA/MC/FIT 12/14/2012 PR                 730000   2033            3,294.50
                                                                                                                                             72,775.73

ICMA                               ICMAREG12142012    ICMA REG 12/14/2012 PR                    730000   2042           19,002.80
ICMA                               ICMARHS12142012    ICMA RHS 12/14/2012 PR                    730000   2016            1,898.82
ICMA                               ICMAROTH12142012   ICMA ROTH 12/14/2012 PR                   730000   2042            2,299.76
                                                                                                                                             23,201.38

ILLINOIS DEPT OF REVENUE           PR12142012         SIT 12/14/2012 PR                         730000   2051                              14,495.73

US BANK                            BAF1010DEC12       BANK ANALYSIS FEE/1010/DEC 12             730000   2801             201.79
US BANK                            BAF1190DEC12       BANK ANALYSIS FEE/1190/DEC 12             730000   2801             198.03
                                                                                                                                               399.82

                                                                                                Total Pre-Paid Wire Transactions     $     123,229.22

                                                                                                Grand Total                          $   1,541,562.49




                                                                                                                               Page 7 of 7
         Village of Deerfield Payroll Summary Report
                       DECEMBER 2012

FUND 10 GENERAL FUND
FINANCE DEPARTMENT
    101111   5110    REGULAR SALARIES             $ 40,251.32
    101111   5111    PART TIME SALARIES                   -
    101111   5112    OVERTIME SALARIES                    -

ADMINISTRATION
   101210    5110    REGULAR SALARIES                  39,865.31
   101210    5111    PART TIME SALARIES                   290.40
   101210    5112    OVERTIME SALARIES                       -

COMMUNITY DEVELOPMENT
   101330   5110  REGULAR SALARIES                     48,274.36
   101330   5111  PART TIME SALARIES                    1,916.94
   101330   5112  OVERTIME SALARIES                     1,540.41

STREET ADMINISTRATION
    102010   5110   REGULAR SALARIES                   13,189.75
    102010   5111   PART TIME SALARIES                       -
    102010   5112   OVERTIME SALARIES                     372.75

STREET SNOW & ICE REMOVAL
    102036  5110    REGULAR SALARIES                         -
    102036  5111    PART TIME SALARIES                       -
    102036  5112    OVERTIME SALARIES                   1,270.65

STREET FORESTRY
    102037  5110     REGULAR SALARIES                        -
    102037  5111     PART TIME SALARIES                      -
    102037  5112     OVERTIME SALARIES                       -

STREET TRAIN STATION MAINT
    102038    5110   REGULAR SALARIES                    543.95
    102038    5111   PART TIME SALARIES                     -
    102038    5112   OVERTIME SALARIES                      -

STREET MAINTENANCE
    102050   5110  REGULAR SALARIES                    34,943.16
    102050   5111  PART TIME SALARIES                     932.75
    102050   5112  OVERTIME SALARIES                    1,322.74

ENGINEERING DIVISION
    102110   5110    REGULAR SALARIES               15,331.98
    102110   5111    PART TIME SALARIES              2,268.00
    102110   5112    OVERTIME SALARIES            $       -
         Village of Deerfield Payroll Summary Report
                       DECEMBER 2012

POLICE DEPT ADMINISTRATION
    106010   5110    REGULAR SALARIES             $ 39,547.97
    106010   5111    PART TIME SALARIES                   -
    106010   5112    OVERTIME SALARIES                    -

POLICE DEPT COMMUNICATIONS
    106020   5110   REGULAR SALARIES                    45,058.51
    106020   5111   PART TIME SALARIES                   2,563.02
    106020   5112   OVERTIME SALARIES                    2,305.56

POLICE DEPT INVESTIGATIONS
    106033    5110   REGULAR SALARIES                   38,088.72
    106033    5112   OVERTIME SALARIES                   2,040.03

POLICE DEPT PATROL
    106034    5110   REGULAR SALARIES                  263,190.80
    106034    5111   PART TIME SALARIES                  8,779.90
    106034    5112   OVERTIME SALARIES                   7,134.75

POLICE DEPT SPEC DETAIL
    106061    5112   OVERTIME SALARIES                7,386.66
                     TOTAL FUND 10                $ 618,410.39

FUND 50 WATER FUND
WATER DEPARTMENT ADMINISTRATION
   502010    5112  OVERTIME SALARIES              $           -

WATER DEPT DISTRIBUTION
   502031    5110   REGULAR SALARIES                     5,722.97
   502031    5112   OVERTIME SALARIES                      324.08

WATER MAIN MAINTENANCE
   502050    5110   REGULAR SALARIES                    16,313.62
   502050    5111   PART TIME SALARIES                   1,506.25
   502050    5112   OVERTIME SALARIES                    3,717.28

WATER METER MAINTENANCE
   502054   5110   REGULAR SALARIES                 10,014.56
   502054   5111   PART TIME SALARIES                     -
   502054   5112   OVERTIME SALARIES                      -
                   TOTAL FUND 50                  $ 37,598.76
         Village of Deerfield Payroll Summary Report
                       DECEMBER 2012

FUND 54 SEWER FUND
SEWER ADMINISTRATION
   542010    5110   REGULAR SALARIES              $ 13,189.84
   542010    5111   PART TIME SALARIES                    -
   542010    5112   OVERTIME SALARIES                     -

SEWER LINE MAINTENANCE
   542031    5110   REGULAR SALARIES                    8,182.81
   542031    5111   PART TIME SALARIES                       -
   542031    5112   OVERTIME SALARIES                        -

SEWER CLEANING
   542051   5110     REGULAR SALARIES                  10,414.47
   542051   5111     PART TIME SALARIES                 1,082.25
   542051   5112     OVERTIME SALARIES                    207.51

WASTEWATER TREATMENT FACILITY
   542052   5110  REGULAR SALARIES                  56,277.21
   542052   5111  PART TIME SALARIES                 1,330.00
   542052   5112  OVERTIME SALARIES                  1,811.36
                  TOTAL FUND 54                   $ 92,495.45

FUND 58 REFUSE FUND
REFUSE LEAF COLLECTION
    582053   5110   REGULAR SALARIES              $          -
    582053   5111   PART TIME SALARIES                       -
    582053   5112   OVERTIME SALARIES                        -
                    TOTAL FUND 58                 $          -

FUND 60 PARKING LOTS - RESIDENTIAL
COMM PARK COMBINED REVENUE
   602019     5110    REGULAR SALARIES            $       744.57
   602038     5110    REGULAR SALARIES                    744.57
   602038     5112    OVERTIME SALARIES                      -
                      TOTAL FUND 60               $     1,489.14

FUND 70 GARAGE FUND
GARAGE FUND EXPENDITURES
   702050    5110   REGULAR SALARIES              $ 12,814.16
   702050    5112   OVERTIME SALARIES                  651.11
                    TOTAL FUND 70                 $ 13,465.27

                                TOTAL ALL FUNDS $ 763,459.01
To the Finance Director:

     The payment of the above listed accounts has been approved
by the Board of Trustees at their meeting held on January 7, 2013
and you are hereby authorized to pay them from the appropriate
funds.




     (Treasurer)
                             REQUEST FOR BOARD ACTION

                                                     Agenda Item: 13-04

Subject:       Report and Recommendation of Plan Commission re: Request for approval of a
               Text Amendment and Special Use for the Joy of the Game facility at 158 S.
               Waukegan Road in Deerbrook Shopping Center to allow additional programs
               and services.

Action Requested:          Approval for Recommendation

Originated by:             Plan Commission

Referred to:               Mayor and Board of Trustees

Summary of Background and Reason for Request:

The petitioners are requesting approval for a Text Amendment and a Special Use for Joy of
the Game at 158 S. Waukegan Road in Deerbrook Shopping Center in order to allow the
petitioners to offer additional programs and services.

Should the Board accept the report and recommendation, a Liquor License Ordinance will need
to be considered with the Special Use Ordinance and staff has had preliminary discussions with
the petitioner.

Reports and Documents Attached:
Recommendation
Public Hearing Minutes 2/13/12
Workshop Minutes 12/13/12
Prefiling Conference Minutes 10/25/12
Parking Memo from Dan Brinkman of Gewalt Hamilton dated July 25, 2012
Aerial Photo
Deerbrook Mall 2011 Approved Site Plan
Petitioner’s Exhibits

Date Referred to Board: January 7, 2013


Action Taken: __________________________________________
                                                                              APPROVED
                                  RECOMMENDATION

TO: Mayor and Board of Trustees

FROM: Plan Commission

DATE: December 13, 2012

RE: Request for a Text Amendment and Special Use for Joy of the Game in Deerbrook
Shopping Center.

We transmit for your consideration a recommendation adopted by the Plan Commission of
the Village of Deerfield on the request of the petitioners for approval of a Text Amendment
and Special Use for the Joy of the Game facility at 158 S. Waukegan Road to allow the
petitioners to offer additional programs and services. The Plan Commission held a public
hearing on December 13, 2012. At that public hearing, the petitioners presented
testimony and documentary evidence in support of the request. A copy of the public
hearing and workshop minutes are attached.

In support of its request, the Plan Commission makes the following findings of fact and
conclusions:

                                 FINDINGS OF FACT

Subject Property

The subject property consists of the Deerbrook Shopping Center. The subject property is
zoned C-2 Outlying Commercial District and is a commercial Planned Unit Development.
In 2001, Deerbrook Shopping Center received approval for an amendment to the PUD for
major renovations to the property including the former Great Indoors retail store at the
south end of the property. In 2005, Deerbrook Shopping Center received approval of
major renovations to the middle portion of the shopping center consisting of removing the
roof over the interior portion of the common mall corridor. The 2005 approved plan was
never implemented with the exception of the vehicular interconnections between
Deerbrook Shopping Center and Deerfield Park Plaza (formerly Lake Cook Plaza).
Wonder (a children’s retail warehouse) opened in 2011 and is now closed. In 2011, a new
pump station was installed in the rear of the shopping center and the rear parking lot was
fully paved, striped, and landscaped. Earlier this year, Deerbrook Mall began the approval
process for major renovations to the shopping center, but ownership withdrew that request
before the August public hearing.

Mid-America Asset Management, Inc. manages Deerbrook Shopping Center for the
property owner, Gateway Fairview Inc. (a real estate company which is a subsidiary of the
Los Angeles County Employees Retirement Association known as LACERA). Prior to
December 15, 2009, Deerbrook Shopping Center was managed by RREEF, Real Estate
Investment Managers, but RREEF is now focusing on asset management and all the
property management for Deerbrook Shopping Center is now handled by Mid-America
Asset Management.

Surrounding Land Use and Zoning

The surrounding uses for Deerbrook Shopping Center are:
North (across Lake Cook Road): C-2 Outlying Commercial District - Shell Gas Station,
     Luna Flooring, and other retail and service uses
South: C-2 Outlying Commercial District - Red Roof Inn, future Northwestern Medicine
     (former George’s What’s Cooking Restaurant), and Prairie Point Shopping Center
East (across Waukegan Road): C-2 Outlying Commercial District and unincorporated
Cook County single family residential – NorthShore University Health Systems (former
     Border’s Books), former Office Depot building, and Glenbrook Countryside Estates
     subdivision
West: C-2 Outlying Commercial District – Deerfield Park Plaza shopping center (formerly
     known as Lake Cook Plaza)

Proposed Plan

Joy of the Game, located in the rear (western) portion of Deerbrook Shopping Center in its
own building (48,000 square feet in area), is seeking a Text Amendment and Special Use
to reclassify their facility and to allow them to provide additional activities and services.
Joy of the Game was allowed to open as Self Improvement Facility in 2005 which is a
Permitted Use in the C-2 District. The petitioners are seeking a Text Amendment to add a
“Private Sports Recreational Facility in a building of not less than 48,000 square feet in
area” as a Special Use in the C-2 District. They are also seeking approval to add
additional activities and services to Joy of the Game’s offerings.

Joy of the Game was established in 2005 as a Permitted Use offering sports training,
which includes sports instructions as a team sports training facility, including sports clinics,
sessions, and lessons, including basketball. Joy of the Game also offers the incidental
sale of drinks and snacks through vending machines for customers of the facility. The
petitioners would like to continue to offer these activities and services, and in addition they
have received approval from Deerbrook Shopping Center ownership to allow some
additional uses on the premises and they would like to obtain Village approval for the
same.

The petitioner’s materials indicate their hours and days of operation will not change. They
have indicated they will probably increase the number of employees to meet the needs for
their new uses, if approved. The petitioners will not be making any changes to the existing
parking lot, landscaping, the building exterior, the signage, or the trash enclosure. They
have indicated they may seek new signage approval at some point in the future, and they
will need Village approval for the new signage at that time.



                                               2
The petitioners have indicated that they do not anticipate that special events or
programming would overlap. The petitioner’s materials indicate they will not conflict with
the dates or times of any of the larger weekend events they host. The petitioners have
indicated that all events will be sports-themed, as required in their lease with Deerbrook,
and that part of their facility will always be open for people to participate in the specified
sport. This is consistent with the sports themed events they currently host, such as
birthday parties and bar mitzvahs.

The petitioners have indicated that they do not believe the proposed use changes will
have much of an impact on parking or on the number of people on site. At the prefiling
conference, the petitioners asked for a waiver of the traffic and parking study and the Plan
Commission agreed. The Plan Commission asked that the traffic and parking study done
in summer 2012 for Deerbrook Mall be provided. Attached is the portion of the traffic and
parking study that discussed Joy of the Game’s parking demand.

The petitioners have spoken with their immediate neighbors, Brunswick and NTB about
their proposal, and these two businesses have signed a letter contained in the petitioner’s
materials indicating they are supportive of Joy of the Game’s proposal.

Joy of the Game has provided drawings showing the proposed changes to the floor plan
layout. On the ground floor the areas to be renovated include the toilet and locker room
areas as well as the sales and vestibule area. On the mezzanine level, the areas to be
renovated include the kitchen, the office area and three future classrooms.

Joy of the Game seeks to redefine their activities and services as follows to allow the
following:

Sports Training and Instruction

Currently, Joy of the Game offers sports training, which includes sports instructions as a
team sports training facility, including sports clinics, sessions, and lessons, including
basketball. Joy of the Game would also like to offer sports related educational sessions
and tournaments, and they would like to allow the facility to be used as a sports related
educational facility.

Sports Themed Events

Joy of the Game currently offers sports related parties such as sports themed bar
mitzvahs and weddings. The petitioners would like to host additional sports themed
events such as people gathering to watch sporting events on television, while basketball
courts are open for use. They have indicated that some events such as this may include
having a DJ so that patrons can dance.




                                               3
Educational Programming

Joy of the Game would like to offer educational programming in newly created
multipurpose/classroom space. The petitioner’s materials indicate the educational
programming area will not be greater than 10 percent of the premises.

The petitioners have indicated that during the day, the educational programming might
include educational services to special education students including vocational training,
counseling services. The petitioner’s materials indicate they anticipate about 20 students
to attend the special educational programming, though they could accommodate up to 60
students. They believe about 5 new employees would be added for the special education
programming, and these employees would be present during the day.

After school educational programming would consist of tutoring for players, standardized
test training, homework assistance, and online coursework. The petitioner’s materials also
indicate the multipurpose/classroom space could also be used for corporate events, adult
programming and group activities.

Food Service

Joy of the Game currently has vending machines for snacks and drinks. The petitioners
would like to offer food service that includes cooked, prepared, and ready to eat food
served to patrons of the sporting events and activities who are present in the facility.

Alcohol Sales

The petitioners would like to be able to serve alcohol at various events with the condition
that alcohol would not be served at sporting events or other activities which are
predominately attended by minors under the age of 21. The alcohol would be for
consumption on the premises only. The petitioners are currently working with the Village
Manager’s Office on obtaining a liquor license. (If approved for alcohol sales, this would
go into the Municipal Code, not the Zoning Ordinance.)

Zoning Conformance

The petitioners are seeking a Text Amendment to Article 5.02-C,3,f, Special Uses for
Recreation and Social Facilities in the C-2 Outlying Commercial District. The following
Text Amendment has been written so that it is applicable to the subject property only.

f. Private Sports Recreational Facility in a building of not less than 45,000 square feet in
area located in a Commercial Planned Unit Development of more than 500,000 square
feet of gross floor area which includes sports training, sports instructions as a team sports
training facility, sports clinics, sessions, lessons, tournaments, basketball, sports related
educational sessions, a sports related educational facility, sports related parties, sports


                                              4
themed social events and sports watching events, open use of courts. Events at private
sports recreational facilities may include music and dancing provided such events are
conducted inside the premises. Private sports recreational facilities may include
educational programming and classroom space not to exceed 10 percent of the premises
and such spaces may be used for vocational training, counseling services, tutoring,
standardized test training, homework assistance, online coursework, corporate events,
adult programming and group activities. Private sports recreational facilities may offer
food service limited to incidental sale of cooked, prepared, and ready to eat food served to
patrons of the sporting events and activities who are present in the facility.

Note: The petitioner’s materials request that the Text Amendment be written for a facility
of not less than 48,000 square feet in area (the size of the Joy of the Game building), but
the legal notice and Text Amendment were written for a facility of not less than 45,000
square feet in area. This was done in order to provide the petitioners a little bit of room in
case in the future they ever did some minor renovations that would slightly decrease the
square footage of this sports facility.

Parking

A recreation facility requires one (1) parking space for each three (3) persons based on
the design capacity of the facility in terms of the largest number of patrons to be served at
one time. A traffic and parking study for Deerbrook Shopping Center was conducted in
summer 2012 when Deerbrook was proposing renovations (ownership withdrew their
petition). The attached July 25, 2012 memo from Dan Brinkman of Gewalt Hamilton
Associates (provided for the 2012 Deerbrook renovations that have been withdrawn)
indicates that Joy of the Game has been approved by Northbrook Fire Department to
accommodate up to 2,900 people, but the greatest attendance is typically no more than
1,200 people, which would require 400 parking spaces (1,200 / 3 = 400). At the prefiling
conference, the petitioners requested a waiver of the traffic and parking study and the
Plan Commission agreed. Attached is the approved 2011 site plan for Deerbrook,
showing the new parking lot striping in the rear of the shopping center.

The current parking requirement based on the current uses in the Deerbrook Mall
shopping center is 3,327 spaces, and the shopping center provides a total of 2,786
spaces. The parking at Deerbrook is shared among all the users of the shopping center.
Deerbrook shopping center is a single Planned Unit Development, including the former
Great Indoors/Wonder space (135,000 square feet), and is regulated as such. The
parking spaces provided at Deerbrook are for the entire shopping center. There were
specific representations made to the Plan Commission and Village Board in 2001 that the
underground spaces beneath the former Great Indoors/Wonder space would be available
for anyone in Deerbrook who wished to park in these underground spaces. The
underground parking spaces must be available to anyone and cannot be restricted to
customers of the future tenant who ultimately leases the former Great Indoors/Wonder
space.


                                               5
Previously, Deerbrook Shopping Center was granted a parking variation: Ordinance O-01-
39, approving the renovations to Deerbrook Mall in 2001 granted a parking variation for
Deerbrook (3,814 spaces were required when calculated on a use by use basis, and 2,804
spaces were provided according to Village records, a 24 percent reduction). In 2001, the
Plan Commission and Board of Trustees believed the parking variation was warranted.
The Village believed that the shared parking for Deerbrook Mall had merit as the demand
for parking will vary throughout the day based on the mix of businesses at the shopping
center (e.g. retail busier during the day and restaurants busier in the evening). The Village
believed that if all the uses were of the same type so that their peak hours (busiest times)
of operation coincided, then the maximum number of parking spaces would be needed,
but that was not the case. Since the different uses in Deerbrook have varying peak
parking demand times, the Village believed that the maximum amount of parking required
by the Zoning Ordinance was not necessary. In 2005, the Village granted a further
parking variation to Deerbrook to accommodate the vehicular cross-access
interconnection plan (which was the only part of the 2005 plan that was implemented).

Access

The existing vehicular access points to the Deerbrook Shopping Center PUD will not
change as a result of the proposed changes to Joy of the Game.

Signage

The petitioners will not be seeking changes to the exterior façade of the building, including
signage. The petitioners’ materials indicate they may seek future approval for new
signage to reflect the change in ownership of the facility and the logo, but at this time they
do not have a specific sign plan.

In the future, if the petitioners wish to request revisions to their sign plan, they will need to
meet the Village’s signage regulations and the sign criteria for Deerbrook Shopping Center
(unless a waiver is granted by the Village), and the sign will need approval from the
Appearance Review Commission (ARC).

Northbrook Fire Department

No changes to the site are proposed. The petitioners will need to work with the
Northbrook Fire Department, which has jurisdiction south of Lake Cook Road, to make
sure they are in compliance with fire code when they do the tenant build out to Joy of the
Game.




                                               6
Appearance Review Commission (ARC)

The petitioners have indicated that at this time they will not be making any changes to
exterior of the building, including signage, and that will not be making any changes to the
site or parking lot. They have indicated that they may seek new signage approval in the
future, and at that time they would need approval from the Appearance Review
Commission (ARC).

                                       CONCLUSIONS

Request for Approval of a Text Amendment for a Private Sports Recreational Facility
in a building of not less than 45,000 square feet in area as a Special Use in the C-2
Outlying Commercial District:

The Plan Commission is in favor of amending the C-2 Outlying Commercial District to
allow the proposed use as a Special Use in this district. The Plan Commission believes
the use is appropriate for the C-2 Outlying Commercial District as a Special Use, and
believes it is in the public interest to allow this use in this zoning district. Joy of the Game
is currently operating in the C-2 District as a “self improvement facility” and the petitioners
are seeking approval to reclassify their facility as a “private sports recreational facility” and
they are seeking permission to add some new activities and services that are in keeping
with Joy of the Game’s current activities. The Plan Commission believes the proposed
Text Amendment is in the public interest as Joy of the Game provides programming which
is an asset to the community and a benefit to residents. The Plan Commission believes
the proposed Text Amendment is appropriate as a Special Use in the C-2 Outlying
Commercial District. The Text Amendment has been written so that it is applicable only to
the Deerbrook Mall property.

Request for Approval of the Proposed Special Use for a Private Sports Recreational
Facility:

Compatible with Existing Development

The Plan Commission believes that the proposed Special Use for Joy of the Game,
including its proposed new activities and services, will be compatible with existing
development and should not impede the orderly development and improvement of
surrounding properties. The Plan Commission believes the proposed use is a good and
appropriate use and will be compatible with the existing development in the area. They
believe the proposed use will not have an adverse impact on surrounding properties. The
Joy of the Game facility is located towards the rear of Deerbrook Mall, away from the retail
uses and the facility is adjacent to a large parking lot. The petitioners are not proposing
any changes to the building exterior or the surrounding site.




                                                7
Lot of Sufficient Size

The Plan Commission believes the subject property is of sufficient size for the proposed
use. Joy of the Game is already operating in this location and the proposed new activities
and services should work well on the site. The Plan Commission believes that the use will
not create a negative impact on Deerbrook Mall or on surrounding properties. The Joy of
the Game space is at the west end of Deerbrook Mall, adjacent to a large parking lot, and
is bordered on the west side by the railroad tracks.

Traffic

The petitioners have indicated they do not believe the proposed new activities and
services at Joy of the Game will increase traffic in the area. The petitioner’s new activities
and services will mostly take place during Joy of the Game’s less busy times. The
petitioners have indicated that major events will not occur at the same time as the new
activities. The Plan Commission does not believe the proposed changes will have a
negative effect on parking in the area and specifically in the rear of Deerbrook Mall.

Parking and Access

The Plan Commission believes the parking around Joy of the Game is sufficient to
accommodate the use. There is a large parking lot adjacent to the facility and this parking
lot was recently repaved and restriped. They believe that the intensity of the proposed
use on the subject property will not adversely impact parking and will not create a parking
problem on the property. Joy of the Game is operating in its current location now and
there are no known parking problems, and the proposed additional uses on the premises
should not create a parking problem.

The vehicular access points to this development will not be changed as a result of the
proposed use.

Effect on Neighborhood

The Plan Commission believes the proposed use should not be significantly or materially
detrimental to the health, safety, or welfare of the public or injurious to the other property
or improvements in the neighborhood nor should it diminish or impair property values in
the surrounding area. The proposed use will provide a benefit to the community without
an adverse impact on the neighborhood. Joy of the Game has been operating on the
property for several years and in that time it has been an asset to the Deerfield
community. The petitioners have indicated a need to expand their offerings at the facility
and the Plan Commission believes adding new activities and services will be a benefit to
the community. The Plan Commission believes the community has a need for this type of
use and that the use will be beneficial to the community.



                                              8
Adequate Facilities

Adequate facilities (access roads, utilities, etc.) are provided on the subject property.

Adequate Buffering

Joy of the Game is located in the rear of Deerbrook Mall and no exterior changes to the
building, site, parking lot, landscaping, or signage are proposed. In 2011, the parking lot
near Joy of the Game was repaved, restriped and landscaping was added. The Plan
Commission believes adequate buffering is in place.

                                    RECOMMENDATION

Accordingly, it is the recommendation of the Plan Commission that Joy of the Game’s
request for a Text Amendment and Special Use to reclassify Joy of the Game at 158 S.
Waukegan Road as a private sports recreational facility, and to allow the petitioners to
offer additional activities and services, be approved.

Ayes: (6) Berg, Bromberg, Jacoby, Nadler, Shayman, Shapiro
Nays: (0) None

Respectfully submitted,
Dan Shapiro, Chairman
Plan Commission




                                               9
                                                                               APPROVED


                                   PLAN COMMISSION
                                 VILLAGE OF DEERFIELD

The Plan Commission of the Village of Deerfield held a Public Hearing at 7:30 P.M. on
December 13, 2012 at the Village Hall, 850 Waukegan Road, Deerfield, Illinois.

Chairman Shapiro called the hearing to order.

Present were:        Dan Shapiro, Chairman
                     Larry Berg
                     Alan Bromberg
                     Elaine Jacoby
                     Robert Nadler
                     Stuart Shayman

Absent were:         Jim Moyer

Also present:        Jeff Ryckaert, Principal Planner
                     Kathleen LéVeque, Associate Planner

Public Comment on a Non-Agenda Item

There was no public comment.

Public Hearing on the Request for Approval of a Text Amendment and Special Use for
Joy of the Game at 185 S. Waukegan Road in Deerbrook Shopping Center.

Josh Carl, owner of Joy of the Game, and Mike Nekritz, Chief Operating Officer
submitted proof of notification and affidavit. Ms. LéVeque said that notification for this
public hearing was published in the Deerfield Review on November 22, 2012.

Mr. Carl said Joy of the Game is a sports complex primarily used for basketball training
and programming. A portion of the Joy of the Game facility is sublet to a sports
performance business and a sports rehabilitation operation. Mr. Nekritz noted that Joy
of the Game wants to expand the activities they are allowed to do which include sports
themed events, educational programming, and have some sporting events done in a
different way. Mr. Nekritz also stated they would like the ability to serve food to meet
the needs of their clients during their sports tournament and events.

Mr. Carl clarified that Joy of the Game was a business he purchased approximately 19
months ago and the business has been in its current location for approximately 7 years.
Mr. Carl commented that when he acquired the business the use clause with mall
ownership was somewhat ambiguous.
Public Hearing: Joy of the Game
December 13, 2012
Page 2

Mr. Nekritz reviewed the Special Use Criteria for the additional activities for Joy of the
Game:

1. Compatible with Existing Development:

Joy of the Game is seeking a Special Use to clarify the definition of their current use
clause and allow additional programming that is focused on sports training, sports
related events, and education. The added programming is consistent with the current
clause and the existing development is compatible. There will be no negative impact on
the current programming or the surrounding property.

2. Lot of Sufficient Size:

The size of the lot has been sufficient to operate Joy of the Game’s extensive programs
and tournaments for the past seven years and they have no reason to believe that they
cannot accommodate all of their current and new programming. Many of their new
offerings would be provided at times when the facility is underutilized or not currently in
use. There will be minor modifications to the interior of the building and no changes to
the building envelope, building exterior, or landscape.

3. Traffic:

The parking area in Deerbrook Mall and specifically around Joy of the Game is
substantial and rarely ever crowded. This area was updated over the past 2 years and
provides great access to the facilities from multiple directions through multiple venues.
The proposed uses will tend to be programming at off-peak traffic times.

4. Parking and Access:

Parking areas have been much more than adequate for the current uses and will
continue to be more than satisfactory for the Special Use considering additional
programming will likely be during off-peak times. There are multiple entrances/exits for
the property ensuring proper traffic flow.

5. Effect on Neighborhood:

Joy of the Game is seeking a Special Use to allow for educational programming and
engaging sports related events. By allowing these changes, Joy of the Game believes
they will enhance the property, the value and the welfare of the area. Joy of the Game
believes there is absolutely nothing that can be construed as detrimental or injurious.

6. Adequate Facilities:

Adequate utilities, access roads, drainage and/or other necessary facilities have already
been provided to the site and there shall be no necessity to expand or change the
Public Hearing: Joy of the Game
December 13, 2012
Page 3

facilities relative to the Special Use. The Special Use shall not, in any way, burden,
hinder, or encumber such facilities.

7. Adequate Buffering:

Adequate fencing and/or screening have already been provided to ensure the
enjoyment of the surrounding properties, to provide for the public safety and to screen
parking areas and other visually incompatible uses and there shall be no necessity to
expand or change such measures relative to the Special Use.

Commissioner Shayman commented that at the October 25th workshop meeting there
was discussion regarding the hours of operation. Commissioner Shayman wanted to
know the hours of operation. Mr. Nekritz stated that they have changed the wording
and generally the hours of operation will remain the same. Mr. Nekritz noted that there
will be certain times or events in which the facility will stay open longer to meet the
needs of their clients’ events. Chairman Shapiro asked for the changes in the wording.
Mr. Nekritz stated that the wording changed to state that the hours would generally be
the same with some weekend or events that would add a few hours at any given time.
Chairman Shapiro asked staff if there were any business hour restrictions. Staff
indicated that when approving a Special Use, the petitioners make representations
about their hours of operation and that is how the business is to operate. The Plan
Commission may indicate specific hours of operation as a condition of the Special Use if
they believe that is necessary. The Plan Commission did not feel hours of operation
needed to be further addressed.

Commissioner Berg asked if the recommendation should address alcohol sales. Ms.
LéVeque noted that the liquor license is obtained from the Village Manager’s office and
ultimately approved by the Mayor and the Board of Trustees as liquor sales are in the
purview of the Board of Trustees.

There was no public comment.

A motion was made and seconded to close the public hearing.

Respectfully submitted.
Dan Nakahara
                                                                          APPROVED


                                  PLAN COMMISSION
                                VILLAGE OF DEERFIELD

The Plan Commission of the Village of Deerfield held a Workshop Meeting at 7:30P.M.
on December 13, 2012 at the Village Hall, 850 Waukegan Road, Deerfield, Illinois.

Chairman Shapiro called the hearing to order.

Present were:       Dan Shapiro, Chairman
                    Larry Berg
                    Alan Bromberg
                    Elaine Jacoby
                    Robert Nadler
                    Stuart Shayman

Absent were:        Jim Moyer

Also present:       Jeff Ryckaert, Principal Planner
                    Kathleen LéVeque, Associate Planner

Discussion of Recommendation on the Request for a Text Amendment and Special Use
for Joy of the Game at 185 S. Waukegan Road in Deerbrook Shopping Center.

Chairman Shapiro feels that the Joy of the Game petition is an appropriate use and that
all of their questions had been adequately addressed in the October 25, 2012 workshop
meeting and at tonight’s meeting. Commissioner Shayman commented that Joy of the
Game is an asset to the community.

Commissioner Jacoby made a motion to approve the recommendation for a Text
Amendment and Special Use for Joy of the Game at 185 S. Waukegan Road in
Deerbrook Shopping Center. The motion was seconded by Commissioner Bromberg.

The vote was as follows:
Ayes (6): Berg, Bromberg, Jacoby, Nadler, Shayman, Shapiro
Nays (0): None

Respectfully submitted,
Dan Nakahara
                                                                                 APPROVED


                                   PLAN COMMISSION
                                 VILLAGE OF DEERFIELD

The Plan Commission of the Village of Deerfield held a Workshop Meeting at 7:30P.M. on
October 25, 2012 at the Village Hall, 850 Waukegan Road, Deerfield, Illinois.

Chairman Shapiro called the hearing to order.

Present were:        Dan Shapiro, Chairman
                     Larry Berg
                     Alan Bromberg
                     Elaine Jacoby
                     Stuart Shayman

Absent were:         Jim Moyer
                     Robert Nadler

Also present:        Jeff Ryckaert, Principal Planner
                     Kathleen LéVeque, Associate Planner

Public Comment on a Non-Agenda Item

There was no public comment.

(1) Prefiling Conference: Text Amendment and Special Use for Joy of the Game at
185 S. Waukegan Road in Deerbrook Shopping Center.

Josh Carl, owner of Joy of the Game, and Mike Nekritz, Chief Operating Officer,
introduced themselves to the Plan Commission.

Mr. Carl gave some background information on Joy of the Game to put into context what
he is trying to accomplish with the proposed Text Amendment and Special Use request.
When Mr. Carl, a 13 year resident of Deerfield, decided to purchase Joy of the Game
approximately 18 months ago there were three main reasons that went into his decision:
        1.     To create a place to teach life skills and lessons through a mixture of sports
and education. Mr. Carl is grateful for the life lessons that he learned from teachers and
coaches throughout his life and feels that his facility can create an environment that can
teach these life skills and lessons to youth.
        2.     Sports have changed and have become a business and Mr. Carl wants kids
to get back to the purity and joy of the game. Mr. Carl relishes the opportunity to get as
many kids as possible back to enjoying the game and what it has to offer as opposed to
the business aspect of sports.
        3.     Community involvement, foundation and philanthropic endeavors are
important to Mr. Carl, and Joy of the Game provides numerous opportunities to tie these
endeavors together. Joy of the Game has a charitable arm of their organization which is
classified as a 501c3 non-profit entity.
Workshop Meeting
October 25, 2012
Page 2

Joy of the Game has been in existence for 19 years originating in the old Multi-Plex
building (now the Sachs Center) and it has been located in its current facility for the past 7
years. The existing building is 48,000 square feet with a portion sublet to Sports
Performance Business and Athletico, a rehabilitation facility. A portion of the facility is also
sublet to a volleyball program. Joy of the Game has a variety of programming mostly
related to basketball, it hosts hundreds of teams throughout the year competing from the
kindergarten level up to the high school level. Private and group training classes are
available as well as league play. The facility operates its programs from 3:00 P.M. to
10:00 P.M. with prime time being after-school hours.

A big portion of the business is the approximately 20 basketball tournaments held
throughout the year. In a year, Joy of the Game estimates 300,000 people pass through
the facility and their programs generate over 2,500 hotel room nights. Joy of the Game
has sponsorships deals with national and local businesses and the nearby hotels.

Mr. Carl feels strongly that he wants to give back to the community. Giving back to the
community is important to him and his business. Since taking ownership, Mr. Carl is proud
to say that he has over a thousand new families from the local area that have joined as
customers of Joy of the Game. Joy of the Game has been slowly expanding their
business by adding multi-sport programs to kindergarteners and programs for mothers and
their toddlers. Mr. Carl has worked hard in strengthening his working relationship with the
Deerfield Park District and the Sachs Center. In his short time since taking ownership, Mr.
Carl has integrated a boys and girls feeder basketball program with Deerfield High school
and last year alone, Joy of the Game had 17 teams in the feeder program ranging from 3rd
to 8th grades.

Mr. Carl explained the reason that he is here tonight is because as his customer base has
grown customers have asked them to add to their current programming. There was
ambiguity as to some of the events that were going on under prior ownership and the
interpretation of the Permitted Use clause. Mr. Carl noticed some of the vagueness in the
interpretation and wanted to make sure that what he was currently doing was allowed
under the Permitted Use and also to pursue new programming requested by the
community.

Staying with their holistic approach, Joy of the Game added Mike Nekritz as Chief
Operating Officer. Mr. Nekritz has a bachelor and masters degree from Northwestern
University, was a coach, teacher, principal, dean and high school superintendent. Mr.
Nekritz was also a former basketball coach of Mr. Carl. Mr. Nekritz commented that he
comes from an education background with an MBA focus. Mr. Nekritz explained that Joy
of the Game needs to meet the needs of the community from children to adults all day
long. As submitted to the Plan Commission, Mr. Nekritz noted that Joy of the Game wants
to expand the things they are allowed to do which include sports themed events,
educational programming, food service and have some of the sporting events done in a
different way. The Joy of the Game facility has a lot of space and opportunity with a lot of
potential to do more for the community. The idea is to begin to better utilize the Joy of the
Game facility during the day (off-peak hours) and bring in more people through the
Workshop Meeting
October 25, 2012
Page 3

expanded programming. Mr. Nekritz does not anticipate any traffic impact on the mall with
the expanded programming and neighboring businesses (Brunswick and NTB) are in favor
of their plans. Joy of the Game would like to offer educational programming to the players
which could be in the form of ACT tutoring between practices. They would also like to offer
special education classes during the daytime. The projected 60 kids for this program and
5 staff members would have little impact on traffic and add 6-7 cars in the parking lot from
the hours of 7:00A.M .to 3:00 P.M. Mr. Nekritz says that the space is available in the
facility for this type of programming and noted that very early conceptual floor plan
drawings were submitted to the Plan Commission to accommodate these programs.

Mr. Nekritz does not expect to offer any programs that will compete with the core business
(basketball tournaments) and their peak hours. Mr. Nekritz noted that having a facility that
can accommodate 2,600 people provides for many ideas and opportunities. One of these
opportunities is offering services in the life spectrum (kindergarteners to retirees) to be
engaged in sports related activities. The different programming requires Village approval.
Mr. Nekritz concluded the presentation and welcomed questions from the Plan
Commission.

Commissioner Shayman asked for clarification on how the present activities differ from
what is now permitted use of the facility. Mrs. Kathy LéVeque explained that Joy of the
Game went into the space in 2005 as a Permitted Use (Self-Improvement Facility) to offer
team sports, sports clinic, lessons sessions, and incidental sale of drinks and snacks from
vending machines. Mrs. LéVeque stated that Joy of the Game is seeking approval of a
Text Amendment to create a new Special Use category for a private sports recreational
facility in a building not less than 48,000 square feet located in a PUD of more than
500,000 square feet. The Text Amendment includes all the activities Joy of the Game
currently offers plus sports related educational sessions; social gatherings to watch sports
on television; having a DJ and dancing; educational programming including special
education classes and player tutoring; and food sales. This Text Amendment is written
specifically for the Deerbrook property. Besides the Joy of the Game property, the former
Wonder and former Best Buy buildings would also meet this requirement.

Commissioner Jacoby asked if any of the interior space would be altered. Mr. Nekritz said
it would mostly be cosmetic upgrades and the remaining changes dealing with making
better use of the concessions area. Mrs. Jacoby asked if they would cook the food on the
premises. Mr. Nekritz commented that they are thinking in line of making sandwiches and
salads although no decisions have been made at this point. Mr. Carl commented that the
food service would be very minor and stated that their lease has numerous restrictions so
that they do not compete with other mall businesses. Mr. Carl described the upgraded
food service as a glorified high school concession stand. The proposed food service
would only be open during their tournament events. Commissioner Berg asked if Joy of
the Game has food restrictions in the current lease. Mr. Carl stated that there are non-
compete clauses for food and retail and the food service language submitted to the Plan
Commission has been approved by mall ownership. The food service and educational
programming proposals meet the restrictions in the non-compete clauses. Mr. Carl noted
that from a programming standpoint, 90-95% of the proposed programming has been
Workshop Meeting
October 25, 2012
Page 4

going on. This was been happening prior to Mr. Carl purchasing Joy of the Game. Mr.
Carl found himself in a predicament after reading the Permitted Use clause and decided to
come before the Plan Commission to make sure that the programming that they are
offering is allowed and approved.

Chairman Shapiro asked for clarification on corporate events and space for group activities
held in the facility. Mr. Nekritz gave an example of a corporation that wanted to do team
building and sports activities at their facility. Multi-functional space would allow rooms for
these corporations to conduct their business and then go on the courts and do a sporting
activity. Mr. Nekritz believes that this would create opportunities for activities for area
businesses. Mr. Carl noted that the existing Permitted Use language is gray and this type
of training does not really fit the original Permitted Use text. Mr. Nekritz also noted a
partnership with NCSA which would create a formal education process for athletes and
their families on college recruiting of athletes. NCSA is a company that helps high school
athletes find opportunities to play basketball in college. Mr. Carl commented that there is a
list of programs that would be a natural mix for their facility such as parent/child sporting
events, sports psychology programs, chess tournaments, etc. In the spirit of Joy of the
Game these programs would be good for the community, good for families and good for
the kids. Currently Joy of the Game’s Permitted Uses does not allow for these types of
programs.

Commissioner Bromberg noted that he recently toured the Joy of the Game facility and
applauds the petitioner for doing the right thing and coming before the Plan Commission.
Commissioner Bromberg likes that the petitioner has talked about their expanded
programming to their business neighbors and he believes the proposed new programming
will be a positive.

Chairman Shapiro asked the petitioner if there would be expanded hours for the corporate
events or parties. Mr. Carl commented that he would have to look at liability issues and
did not know of the specifics of evening hours for a party. Mr. Carl noted that they
remained open past 10:00P.M. due to tournaments running late. Chairman Shapiro noted
that to the extent that there are event parties for grown-ups or kids to make sure that the
hours of operation are clarified because it may be written into the Special Use. A
discussion arose on the operational hours of the adjacent bowling alley being open until
11:00P.M.

Commissioner Jacoby asked if there is enough parking for the additional programming and
Commissioner Shayman asked for the number of parking spaces that are allotted to Joy of
the Game. Mr. Carl noted that the rear parking lot has recently been resurfaced and
restriped and it is his understanding that there are approximately 600 shared parking
spaces for the businesses in the rear. Mr. Carl commented that about a third of the
parking lot is full at their peak period during a basketball tournament. There has never
been a problem with customers complaining for lack of parking spaces.

Commissioner Jacoby asked if kids must be members to go to Joy of the Game or if they
could pay a fee to play during an open gym period. Mr. Carl mentioned that kids can pay
Workshop Meeting
October 25, 2012
Page 5

$5.00 to play during an open gym period but noted that it is rare that they have open gym
times available.

Chairman Shapiro asked how many Deerfield residents are members and the number of
employees on staff. Mr. Carl noted that over 50% of the members are Deerfield residents.
Mr. Carl further stated that there are 9 full-time employees but they can have 60-70
employees when there is a weekend tournament.

Commissioner Berg asked if there would be overlapping events during a corporate event
or party. Mr. Carl noted that they close down for bar mitzvahs but there maybe some
overlap for birthday parties. Commissioner Berg asked if there are any growth program
opportunities for mentally or physically disabled customers. Mr. Carl is very in touch with
these opportunities and this is a large focus of his business. Joy of the Game has held
foundation and charity events donating time and their facilities to raise money and
integrate their players in helping with these important causes. Mr. Nekritz noted that Joy of
the Game has recently partnered with the Komen Foundation in helping raise money and
awareness by selling pink merchandise during their upcoming girl’s spring feeder
basketball tournaments.

Mrs. LéVeque noted that the petitioner is seeking a waiver for the traffic and parking study.
There was no traffic and parking study done when Joy of the Game located in Deerbrook
Mall because it was a Permitted Use. Mrs. LéVeque noted that Deerbrook Mall did a traffic
and parking study during this past summer when they were planning on renovating the
shopping center. Chairman Shapiro stated that a new study was not necessary but the
Plan Commission would like to see the last traffic and parking study that was done this
past summer; the rest of the commissioners agreed.

The public hearing for this Text Amendment and Special Use is scheduled for December
13, 2012.

Document Approval
Plan Commission Minutes from the October 9, 2012 meeting were approved.

Items from the Staff
Staff commented that the November 8th Plan Commission meeting will be a public hearing
on the Text Amendments on the C-2 District. Legal notices have been sent out to C-2
property owners.


There being no further business to discuss the meeting adjourned.

Respectfully submitted,
Daniel Nakahara
MEMORANDUM
To:       Ms. Patty Mahony
          Mid-America Asset Management, Inc.

Copy: Mr. Jeffery Ryckaert – Principal Planner
      Village of Deerfield

From: Daniel P. Brinkman, P.E., PTOE

Re:       Supplemental Parking Information
          PUD Amendment Deerbrook Mall
          Deerfield, Illinois

Date:     July 25, 2012


Per your request, Gewalt Hamilton Associates, Inc. (GHA) has reviewed the square footage of the various
commercial spaces at Deerbrook Mall with respect to your comments regarding calculations of Gross square
footage versus Gross Leasable square footage and the resultant parking calculations that were included in our June
29, 2012 Traffic Planning and Parking Study. We offer the following comments and clarifications:

      The square footage breakdowns presented in Appendix I Parking Requirement by Village Code were based on
      the owners “rent role” and only represents the official square footage that each tenant has in their respective
      leases. Depending upon how the individual leases are structured, tenants pay a pro-rated share of the rent for
      common spaces.

      After additional coordination with both the project architects OKW Architects and Mid America
      representatives it seems the most consistent way to present the current parking requirements is to utilize the
      same square footage for land use types as are presented on the OKW site calculations for uses that do not
      have a defined variable (e.g. lanes for the Brunswick Zone). Information provided by Joy of the Game
      representatives concludes that while the Fire Code capacity of the building is approximately 2,900 people
      total, the greatest attendance during tournaments is typically no more than 1,200 people which was utilized
      for our parking calculations.

      As such, a revised Appendix I is attached calculating the required parking per Village code as follows:
      o Existing – 3,327 spaces
      o Phase I – 3,384 spaces
      o Master Plan – 3,026 spaces

      Given the reduction in restaurant spaces at Deerbrook and other associated changes since the last
      comprehensive calculation of 3,814 spaces during the 2001 PUD amendment process for The Great Indoors,
      we feel that our current calculation, while reduced, remains accurate. Recall that there are currently 2,786
      spaces on site.

      The remaining calculations for Shared Parking were based on the Gross Leasable Spaces provided, which is
      consistent with the methodology outlined by the Urban Land Institute (ULI) and the Institute of
      Transportation Engineers (ITE). Therefore the anticipated Shared Parking demand calculations remain the
      same as previously presented for the weekday and weekend respectively:
      o Existing          2,707 spaces      2,424 spaces
      o Phase I           2,761 spaces      2,493 spaces
      o Master Plan       2,515 spaces      2,228 spaces

4514.905 Parking Supplement.doc
    Appendix 1 Revised July 25,2012
    Parking Requirement by Village Code



                                                       GLASquare        Code Requirement 1 Parking Required
                           Use Type                     Footage            space per SF        by Code
    Auto Service                                              9,000             400              23
    Bowling Alley 32 lanes                                   30,000          5 per lane          160
)   Fitness (Joy of the Game) 1,200 persons                  48,000         1/3persons           400
    Grocery                                                 46,150              175              264
    Restaurant                                               5,800              120              48
    Retail/ Bank                                           484,721              200             2,424
    Mall Offices I Security (not in GLA)                      2,200             250               9
                                                           623,671                              3,327

    Phase 1
    Restaurant                                                    630           120               5
    Retail                                                  10,391              200              52
                                              Total:       634,692                              3,384


    Master Plan Changes
    Grocery                                                  9,450              175               54
    Retail                                                 (70,981)             200              -355
                                              Total:       573,161                              3,026




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                                                                                                              r.W I 1 GEWALT HAMILTON
                                                                                                              l"...J I , • ~ A s s 0 c I AT Es I Nc.
                                                                                                                                            I
                               SPECIAL USE CRITERIA

Does it meet the standards for a Special Use? A Special Use shall be authorized only
when the Plan Commission finds all of the following:

   1. Compatible with Existing Development
      The nature and intensity of the activities involved and the size, placement and
      design of any structures proposed will be so planned that the Special Use will be
      compatible with the existing development and will not impede the normal and
      orderly development and improvement of surrounding property.

   2. Lot of Sufficient Size
      The size of the lot will be sufficient for the use proposed.

   3. Traffic
      The location of the Special Use within the Village will be such that adverse
      effects on surrounding properties will be minimal, particularly regarding the
      traffic generated by the Special Use.

   4. Parking and Access
      Parking areas will be of adequate size for the particular use and properly located,
      and the entrance and exit drives will be laid out so as to prevent traffic hazards
      and nuisances.

   5. Effect on Neighborhood
      In all respects the Special Use will not be significantly or materially detrimental
      to the health, safety and welfare of the public or injurious to the other property or
      improvements in the neighborhood, nor will it diminish or impair property values
      in the surrounding area.

   6. Adequate Facilities
      That adequate utilities, access roads, drainage and/or other necessary facilities
      have been or are being provided.

   7. Adequate Buffering
      Adequate fencing and/or screening shall be provided to ensure the enjoyment of
      surrounding properties, to provide for the public safety or to screen parking areas
      and other visually incompatible uses.

   8. If in C-1 Village Center District: That the establishment of the Special Use will
       not be injurious to the character of the C-1 Village Center District as a retail
       center for the Village.
                              Joy of the Game
                                                     Office Max



                                                           Bed Bath
                                                           & Beyond
                              Deerfield
                              Park Plaza




                                                                      Sports
                                                                      Authority




                    Brunswick



                                  Joy of the Game




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                                                                                                  ±
                                                     0 50 100     200     300        400
Note: The air photo does not show the 2011                                                 Feet
repaving and restriping of the parking lot; please           1 inch = 200 feet
see the attached 2011 approved site plan.
Deerbrook Mall 2011 Approved Site Plan

                                                                                                                                                                                                                                ORIGINAL PARKING SUMMARY
                                                                                                                                                                                                                                STANDARD PARKINO SPACES      222~
                                                                                                                                                                                                                                EMPLOYEE PARKING SPACES       2: .
                                                                                                                                                                                                                                HANDICAP PARKINQ SPACES
                                                                                                                                                                                                                                UNDERGROUND PARKING SPACES    250
                                                                                                                                                                                                   PROPOSED LIGHT POLES ITIPl   TOTAL PARKING SPACES         2799



                                                                                                                                                                                                                                REVISED PARKING SUMMARY
                                                                                                                                                                                                                                STANDARD PARKING SPACES
                                                                                                                                                                                                                                EMPLOYEE PARKING SPACES
                                                                                                                                                                                                                                                             no:
                                                                                                                                                                                                                                                              !
                                                                                                                                                                                                                                                              2
                                                                                                                                                                                                                                HANDICAP PARKING SPACES         4
                                                                                                                                                                                                                                UNDEROROUND PARKING SPACES    250
                                                                                                                                                                                                                                TOTAL PARKING SPACES         2783




                                                            FUTURE WORK PHASE




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                                                                                           REVISIONS
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                                                                                                                                                       01007-W.A

                                                                                                                                                                              DEERBROOK MALL REDEVELOPMENT
                                                                                                                                                                                                                                                                     EX1 ~
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Petitioner’s Materials
                  SPECIAL USE AND TEXT AMENDMENT CRITERIA

             Joy of the Game Application for Special Use and Text Amendment

                           158 S. Waukegan Road, Deerfield, Illinois

Special Use Criteria:

   1) Compatible with Existing Development:
      The nature and intensity of the activities involved and the size, placement and design of
      any structures proposed will be so planned that the Special Use will be compatible with
      the existing development and will not impede the normal and orderly development and
      improvement of surrounding property.

       The applicant, Joy of the Game, is seeking a Special Use to clarify the definition of their
       current use clause and allow additional programming that is focused on sports training,
       sports related event, and education. As the additions are consistent with the current
       clause, the existing development is very compatible. There will be no negative impact on
       the current programming Joy of the Game or the surrounding property.

   2) Lot of Sufficient Size:

       The size of the lot will be sufficient for the use proposed.

       The size of the lot has been sufficient to operate our extensive programs and tournaments
       for the past seven years and we have no reason to believe we cannot accommodate all of
       our established and new programming. Many of the offerings would be provided at times
       when the facilities are underutilized or not currently in use. There will be minor
       modifications to the interior of the building and no changes to the building envelop,
       building exterior, or landscape.

   3) Traffic:
      The location of the Special Use within the Village will be such that adverse effects on the
      surrounding properties will be minimal, particularly regarding traffic generated by the
      Special Use.

       Joy of the Game discussed all of the potential changes with its direct neighbors and has
       attached letters of support for Joy of the Game. The parking area in Deerbrook Mall and
       specifically around Joy of the Game is substantial and rarely, if ever, crowded. This area
       was expanded and update over the past two years and provides great access to the
       facilities from multiple directions through multiple venues. The proposed uses will also
       tend to be programming at off-peak times for traffic.
4) Parking and Access:
   Parking areas will be of adequate size for the particular use and properly located, and
   the entrance and exit drives will be laid out so as to prevent traffic hazards and
   nuisances.

   Parking areas have been much more than adequate for the current uses and will continue
   to be more than satisfactory for the Special Use especially considering additional
   programming will likely be off-peak times. The July 2012 parking information provided
   by consulting engineers Gewalt Hamilton Associates, INC. on behalf of Mid-America
   Asset Management, demonstrates the abundant available parking in the mall area. There
   are multiple entrances/exits for the property ensuring proper traffic flow.

5) Effect on Neighborhood:
   In all respects the Special Use will not be significantly or materially detrimental to the
   health, safety and welfare of the public or injurious to the other property or
   improvements in the neighborhood, nor will it diminish or impair property values in the
   surrounding area.

   Joy of the Game is seeking a Special Use to allow for educational programming,
   engaging sports related events, and more. By allowing these changes we believe we will
   enhance the property, value and welfare of the area. We believe there is absolutely
   nothing that could be construed as detrimental or injurious.

6) Adequate Facilities:
   Adequate utilities, access roads, drainage and/or other necessary facilities have been or
   are being provided.

   Adequate utilities, access roads, drainage and/or other necessary facilities have already
   been provided to the site and there shall be no necessity to expand or change the facilities
   relative to the Special Use. The Special Use shall not in any way burden, hinder, or
   encumber such facilities.

7) Adequate Buffering:
   Adequate fencing and/or screening shall be provided to ensure the enjoyment of the
   surrounding properties, to provide for the public safety or to screen parking areas and
   other visually incompatible uses.

   Adequate fencing and/or screening have already been provided to ensure the enjoyment
   of the surrounding properties, to provide for the public safety or to screen parking areas
   and other visually incompatible uses and there shall be no necessity to expand or change
such measures relative to the Special Use. The Special Use shall not in any way to
expand such concerns beyond those considered at the time of the development of the
prior user.
                             SUPPORTING DOCUMENTATION:

Please let this information serve as supporting documentation to the formal Plan Commission
Application for Joy of the Game. This information is designed to further explain Joy of the
Game’s request and provide insight into the plans associated with the Use Clause change. We
believe the proposed use clause is not a major change, but serves to provide better clarity and
understanding as we try to maximize our facilities.

   1) IMPACT ON THE BUSINESS DAY:
      We do not believe that the hours of operation for Joy of the Game will be significantly
      impacted at all by the use clause change. The general time and days that we are open will
      remain unchanged with the changes or additional programming. We will have occasional
      events, rentals or activities that will dictate that we stay open later.

   2) IMPACT ON OUR STAFFING:
      We will add employees to staff our programming as needed. While we are currently
      uncertain as to the specifics of our offerings, we see opportunities to increase staff or use
      existing staff to meet additional offerings that will occur in our building space.

   3) IMPACT ON OUR BUILDING:
      We are not proposing any changes to the parking lot, landscape, or trash areas. While we
      are planning for potential building upgrades in the near future, the building perimeter will
      be untouched. We have enclosed our rough drawings about our facilities and the work we
      will hopefully be doing. The drawings indicate the various uses of our building. There
      may be an additional request to have our current signage updated to reflect our change in
      ownership and logo, but this does not relate to our use clause application nor have
      specific plans been determined. We will obviously work with the Village to ensure this is
      a smooth process. We further believe that the extensive parking lots surrounding our
      building will not see a substantial usage increase. We have included a letter of support
      from our immediate neighbors addressing this issue in particular.

   4) THE EDUCATIONAL DAY:
      The ‘multipurpose’ or classroom space would be easily transformed to create team
      meeting rooms, areas to utilize technology/online coursework, places for corporate
      events/adult programming, or space for group activities. The afternoon/evening
      programming would likely dovetail our other offerings so our players, for example, could
      have tutoring before/after training. We envision homework assistance, training for high
      stakes testing, and more. For a facility designed to house events for well over two-
      thousand people, we expect a very marginal increase of current traffic volume to Joy of
      the Game.
   We also believe there are opportunities for Joy of the Game to partner with other
   organizations to provide educational services to a limited number of special education
   students in grades 6-12. This potential school program would have a maximum
   enrollment of sixty participants although a number closer to twenty is more likely. The
   setting for these students would be an alternative to a traditional environment. Vocational
   training, counseling services, and other day programming would take place during school
   hours, well before the current Joy of the Game offerings begin. The educational
   programming would bring potentially about five new employees to the complex with the
   vast majority of day traffic still attending Athletico and IHP.

5) THE TIMING OF OUR PROGRAMS AND AMOUNT OF PEOPLE:

   We do not think any of our special events or programming would overlap with current
   offering. There are no typical schedules available yet as we have not planned these
   aspects of the potential programs. We would like to note that the facility is designed for
   about 2,500 people and all events and activities would clearly be for less than this
   number. We will not conflict dates or times of any of the larger weekend events we host.

6) ACTIVITIES FOR YOUTH
   All of our events will be sports themed, and part of the facilities will generally be open
   for people to participate in the specified activity. This is and will be consistent with our
   other sports themed events like birthday parties and Bar/Bat- Mitvahs.
                                                                          158 S Waukegan Rd
                                                                          Deerfield IL 60015
                                                                          847.498.6646

                                           MEMORANDUM

    To:             Ron Yurcus

    From:           Mike Nekritz- Joy of the Game

    Re:             Joy of the Game Use Clause/Plan Commission Application

    Date:           September 26, 2012



    Ron,

    As pe>~ our conversation on September 24, 2012, I :· . ·'e enclosed the Plan Commission
    Application for the Village of Deerfield. We are eager to have the Village recognize the changes
    in our use clause that were negotiated with RREEF over the past six months. Within the
    application, you will notice that our descriptions of our use clause are taken virtually verbatim
    from our lease agreement in large part to ensure that we will be able to expedite our processing
    time and be successful in our application. We need proper signatures and documentation on the
    application and on the attached Letter of Land Use Authorization. Once completed, we will
    submit the plans to the Village.



    Thank you in advance for your support and prompt response.



    Warm regards,


    fltt~
    Mike Nekritz
    CEO
    Joy of the Game




www ...JOYDFTHEGRM£. com
                                                   PLAN COMMISSION APPLICATION
            THE VILLAGE OF                                   FOR SPECI A L US E, PLANNED UNIT DE VELOPMENT,
           DEERFIELD                                          R EZON I NG , SU BDI Vi SIO N A N D RESU B D! VISIO N


    Prior to filling out this form you must speak with a staff member from the Planning Division o f the Community
    Development Department. This form must be completed and submitted with the appropriate fe e to the
    Community Development Depar tment.

    APPLI CANT (Prope rty Owner) Gateway Fairview c/o RREEF
                                                                                                     •   1   . I




    3414 Peachtree Road , Suite 950, Atlanta, Georgia 30326-11 53




   BUSINESS O R TENTANT NAME....::J....:.o.t....y....:.o.;...ft~h-=-e-=G:...:a~m-=e:.-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


   AUTHORIZED REPRESENTATIVE (If any) Robe rt C . Kenny, Schain, Burney , Banks & Kenny, Ltd

    70 W. Madison Street, Suite 4500, Chicago , IL 60602                                    312-345-5700
                                                                                                                   :!   '


    rkenny@sbbklaw.com                                                                      312-345-5701



   NATURE OF APPLICATION:

       0    Subdivision             0     Planned Unit Development                  0       Resubdivision                   0      Special Use


       0     Rezoning: D esired Zoning Classification - - -- --                      0     Othe r (Describe): Text Amendment & SU


   The following documents must be submitted with this Application. The Application w ill no t be
   consider ed complete until su c h time as they a r e submitted.

      CZJ Plat of Survey , Address and PIN for subj ect property(ies)
      CZJ Proof of own er ship or proprietary interest
      D If a land trust, disclosure of all beneficial inter ests
      CZJ Fee: $175 public hearing fee due at the tim e the complet ed application is submitted, plus costs of legal
            no t ice publication and fees for recording docum en ts with County Recorder

      D     O ther docum en ts and information as deem ed necessary to render a r ecommendat ion


  APPLICANT(s) SIGNATURE : -- -- -- -- - - - - - - - - --                                                                       Date_ _ _ _ __


  ~~:T~,~·~l~~~·R~PRESENTATIVE(s) SIGNATURE:OZu- ~                                   1
                                                                                         44 ~..A fp,         ~                                 . . 1 2.
                                                                                                                                Date_,_: _b. .:/~/'-'f-=' -
  HEAR ING SCHEDULED FOR : _ ____________________________________________ ___


Village of Deerfield 1850 Waukegan Road I Deerfield, IL 60015 1Community Development I P. 847 .7 19.74841 F. 847.945.0287 1www.deerfield.il. us
                       PLAN COMMISSION APPLICATION

                                  JOY OF THE GAME

                                  "USE" STATEMENT


The Applicant seeks:
   1) A Text Amendment to list "Private Sports Recreational Facility in buildings no
      less than 48,000 square feet" as a Special Use in the C-2 Outlying Zoning District;
      and
   2) A Special Use for a "Private Sports Recreational Facility in buildings not less than
      48,000 square feet" in the C-2 Outlying Zoning District for Joy of the Game
      facility .

As originally approved Joy of the Game was permitted to open as a "Self-Improvement
Facility". Joy of the Game then described its activities as follows :

       "The Premises shall be used solely for the operation of facility engaged in sports
       training and not for the sale of any other item or product than the incidental sales
       through vending machines of drinks or snacks for consumption on premises only
       by customers of the tenant. For these purposes sports training means sports
       instructions as a team sports training facility, including sports clinics, sessions, and
       lessons, including basketball."


It is the desire of new ownership to expand the list of permitted uses at the facility while
keeping the focus on sports activities.

Moving forward, Joy of the Game seeks to redefine its activities as follows:

       "The premises shall be used for: 1) private sports recreational facility including
       sports training, sports instructions as a team sports training facility, sports clinics
       and sports related educational sessions, sports sessions, lessons, tournaments, and
       sports related educational facility; 2) sports themed events including among other
       things, televisions set up for watching sporting events and or other sports athletic
       activities such as keeping a court open for use; 3) educational programming in an
       area not greater than 10% of the premises; 4) food service limited to the incidental
       sale of cooked, prepared and ready to eat food served to the patrons of the sporting
       events and activities who are present in the facility; 5) alcohol services, provided
       same shall not occur at sporting events and/or sporting or other activities at or in
       the facility which are predominantly attended by minors (under the age of21) for
       on premises consumption only and never for delivery off premises."
                             LETTER OF LAND USE AUTHORIZATION

                                      JOY OF THE GAME



Gateway Fairview, Inc. is the legal title holders of the property which is the subject of an
application being filed by Joy of the Game for a text amendment and special use application
and/or other land use approvals deemed necessary and appropriate by Joy of the Game. Joy of
the Game is a tenet of Gateway Fairview, Inc. and its lease is valid through October 31, 2020.
This letter is to authorize Joy of the Game and its agents and consultants to seek the necessary
zoning and other relief and permits necessary for Joy of the Game.



        Joy of the Game is located at 158 S. Waukegan Road, Space #70, Deerbrook Mall,
        Deerfield, Illinois 60015



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                                                                          158 S Waukegan Rd
                                                                          Deerfield IL 60015
                                                                          847.498.6646




    MEMO

    To:    Village of Deerfield Official

    Re:    Use Clause at Joy of the Game

    Date: September 30, 2012



    We have met with representatives of Joy of the Game and thoroughly discussed its proposed use
    clause request. Mike ekritz, Joy of the Game CEO, described the request explaining the
    potential programming implications. We believe that there will be no noticeable impact on our
    section of Deerbrook Mall and the parking lots around our facilities. We have had a positive
    working relationship with our neighbors and have not experienced any significant traffic issues
    with Joy of the Game. In fact, since the lot was resurfaced in October, 2011 , traffic flow has been
    much improved. We also understand that the changes would not impact weekend traffic when
    Joy of the Game is traditionally running tournaments and events. Any new programming will
    bring potential customers to our somewhat secluded area of the mall. Please let this memo serve
    as our support to allow the changes in Joy of the Game's use clause.




                                                                           -==::..__ _




                                                          Raz Merza
     eneral Manager                                       Manager
    Brunswick Zone                                         TB




www . ..JOYOFTHEGRME . com
      Tax Rolls within 250 feet from Deerbrook Mall
Towm Section Block     Parcel                                Townshi~:   Section    Block    Parcel

 04     04       200      023    MIDAMERICA ASSET MGMT          04          04         203       010   CZESLAW KULAS
                                 1 PARKVIEW PLZ 9TH FL                                                 2058 BEECHNUT AD
                                 OAKBROOK, IL 60181-4400                                               NORTHBROOK, IL 60062-1243
 04     04       200      022    MIDAMERICA ASSET MGMT          04          04         203       009   DARIUSZ FRACZEK         ?
                                 1 PARKVIEW PLZ 9TH FL                                                 129 CHESTNUT AD
                                 OAKBROOK, IL 60181 -4400                                              NORTHBROOK, IL 60062-1215
 04     04       200      021    MIDAMERICA ASSET MGMT         04           04         203       008   FLORA RESNIK                ?
                                 1 PARKVIEW PLZ 9TH FL                                                 7031 LOREL AVE
                                 OAKBROOK, IL 60181 -4400                                              SKOKIE, IL 60077-3489
 04     04       201     007     YONG BUM CHO                  04           04         203       007   DAVID PILLAR
                                 36 CHSTNUT AD                                                         115 CHESTNUT AD
                                 NORTHBROOK, IL 60062-1214                                             NORTHBROOK, IL 60062-1215
 04     04       201     008     SARAH GORAIS                  04           04         101       045   Not found
                                44 CHESTNUT AD
                                NORTHBROOK, IL 60062-1214
 04     04       201     009    GARY M GRANDT                  04           04         101       031   MASAIC REAL EST INV
                                50 CHESTNUT AD                                                         555 SKOKIE BLVD
                                NORTHBROOK, IL 60062-1214                                              NORTHBROOK, IL 60062-2812
04     04        201     010    ECKHARD R BRODDE               04           04         101       030   MASAIC REAL EST INV
                                100 CHESTNUT AD                                                        555 SKOKIE BLVD
                                NORTHBROOK, IL 60062-1216                                              NORTHBROOK, IL 60062-2812
04     04        201     012    DALIA JACOBSON
                                120 CHESTNUT DR
                                NORTHBROOK, IL 60062-1216      04           04         201       018   NORTHSHORE UNIVERSITY
04     04        201     013    DANIIL DRAGOMIC                                                        1301 CENTRAL ST
                                124 CHESTNUT AD                                                        EVANSTON, IL 60201 -1613
                                NORTHBROOK, IL 60062-1216
04     04        201     016    OFFICE DEPOT CORP                        Send to:
                                6600 N MILITARY TRAIL                    Forest Preserve District
                                BOCA RATON , FL 33496-2434               536 N. Harlem Ave
                                                                         River Forest, ll60305
                                                                             west Deerfie l d Twp                        #15 21 P 002/002
IV/V 1/LU I~      14 00     Cl4 ( ::14tl   3051
                                                                                                                           Pagel of 1


       Lake County, Illinois Mailing L.ist Report                                                        Date Printed: 10/1/2012
       You can download this report to your computer as a tab delimited file to load into a spreadsheet. Right cli ck this link
       and select 'Save Target AS ... '

       This report Includes Taxpayer Names.


      PAN:                 Type             ~a me:                                          Address:
                                                                                            400 Lake Cook Rd
      1.2..3.3 3Q.QQH      Taxpayer         Oeerbrok Lim ited Partnersh ip
                                                                                            Deerfield, IL 50015
                                                                                            4800 N Harlem Ave
      19..3.3.4 Q.O.Ql.B   Taxpayer         Parkway Bank & Trust Company
                                                                                            Harwood Heights, IL 50706-3506

                                                                                            130 Waukegan Rd
              Ql
      16334110_            Taxpayer         Peter Kingw lll
                                                                                            Deerfie ld, IL 60015·5652
                                                                                            535 Marriott Dr
      1_6.134. 1 tQO.l.    Taxpayer         Bfs                                             Nashville, TN 37214
                                                                                            Po Box 4900
       15333000)_§         Taxpayer         Arden Realty Inc                                Scottsdale, AZ 8525 1-4900
                                                                                            14543 W Imperial Dr
       1pJJ.JQ.Q.Q.lQ      Taxpayer         Harry S Gaples                                  Ubertyville, IL 50048-37 53

                                                                                            450 Lake Cook Rd
      ill~)00031           Taxpayer         Goelz Enterprises, Lie                          Deerfield, IL 60015
                                                                                            444 Lake Cook Rd
       t_5333Q1QQZ         Taxpayer         Schnall And Company                             Deerfield, IL 50015-4913
                                                                                            440 Lake Cook Rd
       1 §~3JQlQQ8         Taxpayer          Greene Family Partners Illinoi s, Llc          Deerfield , IL 60015-5253
                                                                                            1050 Osterman Ave
       1633302QQ2          Taxpayer          Robert Tinucci                                 Deerfield, IL 60015

                                                                                            500 W Madison St
       1633400009          Taxpayer          North Star Trust Co                            Chicago , IL 60661
                                                                                            400 Lake Cook R.d
       l633400Q11          Taxpayer          Deerbrok Lim ited Partnership                  Deerfield, IL 60015
                                                                                            1 Mcdonalds Plz
       1Q.ll1.0.Q.Q..U Taxpayer              Franch ise Rea lty Investment Trust-il         Oakbrook, IL 50521
                                                                                             360 Lake Cook Rd
        1 f;i~~4QQQl3      Taxpayer          Woodflre Chicken                                Deerfield , IL 60015-4917
                                                                                             5438 N Tall Oaks Dr
       ill.3~0_QpJ5.        Taxpayer         Wheeling Store Lie                              Lon g Grove, lL 60047-5065
                                                                                             106 E Oak St
        1633100016,         Taxpayer         C 1 Properties Inc                              Chicago, IL 60611·1230




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                                                                    A4
                                REQUEST FOR BOARD ACTION
                                                                                     13-05
                                                                 Agenda Item: __________________

              An Ordinance Decreasing the Number of Class E Liquor Licenses from 15 to 14;
Subject       ________________________________________________________________________
              Decreasing the Number of Class C Liquor Licenses from 6 to 5; and Decreasing the
              ________________________________________________________________________
              Number of Class J Liquor Licenses from 1 to 0.
              ________________________________________________________________________
                     First Reading
Action Requested: ____________________________________________________________________
                     Administration
Originated By: _______________________________________________________________________
                     Mayor and Board of Trustees
Referred To: _________________________________________________________________________

Summary of Background and Reason for Request

Staff has been informed that Rhapsody Café (Class E), Teddy Fabz (Class C), and Renu Day Spa
(Class J) will not be seeking liquor license renewals for 2013. Accordingly, staff recommends the
Board reduce the number of authorized liquor licenses in the Village.




Reports and Documents Attached:

Ordinance

                           1/07/2013
Date Referred to Board: ______________________




                       Action Taken: __________________________________
                             VILLAGE OF DEERFIELD
                      LAKE AND COOK COUNTIES, ILLINOIS

______________________________________________________________________________


                                 ORDINANCE NO. O-13

             AN ORDINANCE AMENDING CHAPTER 3 OF THE
      MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 TO
   DECREASE THE NUMBER OF AUTHORIZED CLASS E LIQUOR LICENSES
 FROM FIFTEEN (15) TO FOURTEEN (14); CLASS C LIQUOR LICENSES FROM SIX (6)
    TO FIVE (5); AND CLASS J LIQUOR LICENSES FROM ONE (1) TO ZERO (O)


______________________________________________________________________________




                                       PASSED AND APPROVED BY THE
                                       PRESIDENT AND BOARD OF TRUSTEES
                                       OF THE VILLAGE OF DEERFIELD, LAKE
                                       AND COOK COUNTIES, ILLINOIS, this
                                       ______ day of ______________, 2013.



Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
_______day of _________, 2013.
                             VILLAGE OF DEERFIELD
                    LAKE AND COOK COUNTIES, ILLINOIS
______________________________________________________________________________


                                  ORDINANCE NO. O-13-

             AN ORDINANCE AMENDING CHAPTER 3 OF THE
      MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975 TO
   DECREASE THE NUMBER OF AUTHORIZED CLASS E LIQUOR LICENSES
 FROM FIFTEEN (15) TO FOURTEEN (14); CLASS C LIQUOR LICENSES FROM SIX (6)
    TO FIVE (5); AND CLASS J LIQUOR LICENSES FROM ONE (1) TO ZERO (O)

______________________________________________________________________________

     BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:

        SECTION 1: That Section 3-9 (Number of Licenses) of Chapter 3 (Alcoholic Beverages) of
the Municipal Code of the Village of Deerfield of 1975, as amended, is hereby further amended by
striking said Section in its entirety and substituting in lieu thereof the following:

                      Sec. 3-9. Number of Licenses.
                      There shall be issued in the Village no more than:

                      (a)    Class A                Two (2)
                      (b)    Class B                One (1)
                      (c)    Class BB               One (1)
                      (d)    Class C                Five (5)
                      (e)    Class D                Two (2)
                      (f)    Class D-1              None (0)
                      (g)    Class D-2              None (0)
                      (h)    Class E                Fourteen (14)
                      (i)    Class F                None (0)
                      (j)    Class G                Four (4)
                      (k)    Class H                None (0)
                      (l)    Class I                Two (2)
                      (m)    Class J                Zero (0)
                      (n)    Class K                One (1)

        SECTION 2: That the Village Clerk is hereby directed to publish this Ordinance in pamphlet
form.

       SECTION 3: That all ordinances or parts of ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
      SECTION 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.



       PASSED this ______ day of ___________, 2013.

       AYES:

       NAYS:

       ABSENT:

       ABSTAIN:

       APPROVED this __________ day of _______________, 2013.



                                           ________________________________
                                                 Village President
ATTEST:


_____________________________
      Village Clerk
                                 REQUEST FOR BOARD ACTION

                                                                                   12-125-1
                                                                   Agenda Item: __________________


Subject:       Ordinance Establishing the Fiscal Year of the Village of Deerfield
               ________________________________________________________________________

               ________________________________________________________________________

               ________________________________________________________________________

              ________________________________________________________________________
                    Approval
Action Requested: ____________________________________________________________________
                    Finance
Originated By: _______________________________________________________________________
                    Mayor and Board of Trustees
Referred To: _________________________________________________________________________

Summary of Background and Reason for Request

In response to a question raised concerning the fiscal year change resulting in a one-time 8 month
budget and the property tax levy, the 2013 8 month budget will show Tax Levy Year 2012 (Levy
passed in Dec. 2012) as a revenue. The 2014 12 month budget will show Tax Levy Year 2013 (Levy
passed in Dec. 2013) as a revenue. This will align collections, budgeting and revenue recognition. No
tax levy revenue or debt service payments are missed due to changing the year in the ordinance title.

Finance Director Burk will be available at the meeting should additional questions arise.



Reports and Documents Attached:

Ordinance

                            1/7/2013
Date Referred to Board: ____________________

                                     Action Taken: _________________________________________
                           VILLAGE OF DEERFIELD
                      LAKE AND COOK COUNTIES, ILLINOIS

______________________________________________________________________________


                         ORDINANCE NO. _______________

                       AN ORDINANCE ESTABLISHING
              THE FISCAL YEAR OF THE VILLAGE OF DEERFIELD


______________________________________________________________________________




                                    PASSED AND APPROVED BY THE
                                    PRESIDENT AND BOARD OF TRUSTEES
                                    OF THE VILLAGE OF DEERFIELD, LAKE
                                    AND COOK COUNTIES, ILLINOIS, this

                                    _________ day of ________________, 2013.



Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
_____ day of ____________, 2013.
                           VILLAGE OF DEERFIELD
                    LAKE AND COOK COUNTIES, ILLINOIS
______________________________________________________________________________

                                ORDINANCE NO. _____________

                           AN ORDINANCE ESTABLISHING
                  THE FISCAL YEAR OF THE VILLAGE OF DEERFIELD

______________________________________________________________________________

        WHEREAS, the Village of Deerfield is a home rule unit of government pursuant to the

provisions of Article VII, Section 6 of the Illinois Constitution; and

        WHEREAS, as a home rule unit of local government, the Village of Deerfield may exercise

any power and perform any function pertaining to its government and affairs, except as limited by

the provisions of Article VII, Section 6 of the Illinois Constitution; and

        WHEREAS, the corporate authorities of the Village of Deerfield have authority to establish,

by ordinance, the fiscal year of the Village of Deerfield; and

        WHEREAS, the corporate authorities of the Village of Deerfield have determined that it is

in the best interests of the Village of Deerfield to establish a calendar year fiscal year for the Village

to begin on January 1 of each year, and to end on December 31 of the same year, commencing

January 1, 2014; and

        WHEREAS, the corporate authorities of the Village of Deerfield have further determined

that it is in the best interests of the Village of Deerfield to provide that the fiscal year that will

commence on May 1, 2013 pursuant to Section 1-21 of the Municipal Code of the Village of

Deerfield, shall end on December 31, 2013 in order to provide for a transition to a calendar year

fiscal year commencing on January 1, 2014;




                                                   -1-
        NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in

the exercise of its home rule powers, as follows:

        SECTION 1: Fiscal Year Transition. That the period beginning on May 1, 2013 and

ending December 31, 2013 shall be deemed to be the 2013 fiscal year of the Village of Deerfield

commencing May 1, 2013.

        SECTION 2: Calendar Year Fiscal Year. That commencing on January 1, 2014, the

fiscal year of the Village shall begin on January 1 of each year and end on December 31 of the same

year.

        SECTION 3: Municipal Code Amended. That Section 1-21 (“Fiscal Year”) of Chapter 1

(“General Provisions”) of the Municipal Code of the Village of Deerfield be and the same is hereby

amended to read as follows:

        Sec. 1-21.     Fiscal Year.

        The fiscal year of the Village shall begin on May 1 of each year and end on April 30,
        of the following year; provided, however, that the fiscal year of the Village
        beginning on May 1, 2013 shall end on December 31, 2013.

        Commencing January 1, 2014, the fiscal year of the Village shall begin on January 1
        of each year and end on December 31 of the same year.

        SECTION 4: Savings Clause. Nothing contained in this Ordinance, or in the Municipal

Code of the Village of Deerfield as hereby amended, shall be construed as abating any action now

pending under or by virtue of any general ordinance of the Village of Deerfield, or as affecting the

liability of any person, firm or corporation under any ordinance, resolution or agreement of the

Village, or as a waiving any right of the Village under any ordinance, resolution, agreement or

provision thereof in force at the time of passage of this Ordinance.




                                                -2-
        SECTION 5: Severability. Subject to the savings clause contained in this Ordinance, all

ordinances of the Village of Deerfield in direct conflict with the provisions of this Ordinance are

hereby repealed to the extent of such conflict, excluding the following ordinances which are not

repealed: contract ordinances and ordinances authorizing the execution of a contract; bond

ordinances; tax levy ordinances; budget and appropriation ordinances; and all other ordinances,

resolutions and motions authorizing or providing for the expenditure of funds.

        SECTION 6: Home Rule Power. That this Ordinance, and each of its terms, shall be the

effective legislative act of a home rule municipality without regard to whether such Ordinance

should: (a) contain terms contrary to the provisions of current or subsequent non-preemptive state

law; or, (b) legislate in a manner or regarding a matter not delegated to municipalities by state law.

It is the intent of the corporate authorities of the Village of Deerfield that to the extent that the terms

of this Ordinance should be inconsistent with any non-preemptive state law, this Ordinance shall

supersede state law in that regard within its jurisdiction.

        SECTION 7: Effective Date. That this Ordinance shall be in full force and effect from and

after its passage, approval and publication in pamphlet form as provided by law.

        PASSED this _______ day of _______________________, 2013.
        AYES:
        NAYS:
        ABSENT:
        ABSTAIN:
        APPROVED this _________ day of _________________________, 2013.



                                                 ______________________________
                                                       Village President
ATTEST:



                                                   -3-
____________________________
      Village Clerk




                               -4-
                                REQUEST FOR BOARD ACTION

                                                                                 12-124-1
                                                                 Agenda Item: __________________


Subject:      Ordinance Amending the Zoning Ordinance of the Village of Deerfield re: The C-2
              ________________________________________________________________________
              Outlying Commercial District to Update the List of Permitted Uses and Special Uses, To
              ________________________________________________________________________
               Require a Special Use for Certain Uses, To Prohibit Certain Non-Retail Uses and To
              ________________________________________________________________________
              Require That Not Less Than 50% of the Leaseable Square Footage Within a Commercial
              ________________________________________________________________________
              Planned Unit Development Shopping Center Be Devoted to Retail Use
             ________________________________________________________________________

                    First Reading
Action Requested: ____________________________________________________________________
                    Plan Commission
Originated By: _______________________________________________________________________
                    Mayor and Board of Trustees
Referred To: _________________________________________________________________________

Summary of Background and Reason for Request

As directed at the December 17 Board meeting, Attorney Coblentz has prepared an ordinance in keeping
with the recommendations accepted by the Board.


Reports and Documents Attached:

Ordinance

                            January 7, 2013
Date Referred to Board: ____________________

                                    Action Taken: _________________________________________
                           VILLAGE OF DEERFIELD
                      LAKE AND COOK COUNTIES, ILLINOIS

______________________________________________________________________________


                          ORDINANCE NO. ______________


             AN ORDINANCE AMENDING THE ZONING ORDINANCE
               OF THE VILLAGE OF DEERFIELD REGARDING THE
         C-2 OUTLYING COMMERCIAL DISTRICT TO UPDATE THE LIST
            OF PERMITTED USES AND SPECIAL USES, TO REQUIRE A
           SPECIAL USE FOR CERTAIN USES, TO PROHIBIT CERTAIN
          NON-RETAIL USES AND TO REQUIRE THAT NOT LESS THAN
             50% OF THE LEASEABLE SQUARE FOOTAGE WITHIN A
           COMMERCIAL PLANNED UNIT DEVELOPMENT SHOPPING
                    CENTER BE DEVOTED TO RETAIL USE

______________________________________________________________________________




                                     PASSED AND APPROVED BY THE
                                     PRESIDENT AND BOARD OF TRUSTEES
                                     OF THE VILLAGE OF DEERFIELD, LAKE
                                     AND COOK COUNTIES, ILLINOIS, this

                                     _________ day of _________________, 2013.



Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
_____ day of ____________, 2013.
                           VILLAGE OF DEERFIELD
                    LAKE AND COOK COUNTIES, ILLINOIS
______________________________________________________________________________

                              ORDINANCE NO. ______________

            AN ORDINANCE AMENDING THE ZONING ORDINANCE
              OF THE VILLAGE OF DEERFIELD REGARDING THE
        C-2 OUTLYING COMMERCIAL DISTRICT TO UPDATE THE LIST
           OF PERMITTED USES AND SPECIAL USES, TO REQUIRE A
          SPECIAL USE FOR CERTAIN USES, TO PROHIBIT CERTAIN
           NON-RETAIL USES, AND MODIFYING THE REQUIREMENT
      THAT NOT LESS THAN 50% OF THE LEASEABLE SQUARE FOOTAGE
           WITHIN A COMMERCIAL PLANNED UNIT DEVELOPMENT
               SHOPPING CENTER BE DEVOTED TO RETAIL USE
_____________________________________________________________________________

       WHEREAS, the Plan Commission of the Village of Deerfield held a public hearing on

November 8, 2012 upon the application of the Village of Deerfield to consider certain text

amendments to the Zoning Ordinance of the Village of Deerfield relating to the retail and non-retail

uses that should be allowed within the C-2 Outlying Commercial District as permitted or special

uses; and

       WHEREAS, the Plan Commission of the Village of Deerfield, after considering the

evidence and supporting materials presented at said hearing, has submitted its written report and

findings of fact to the Board of Trustees of the Village of Deerfield recommending that the

regulations pertaining to uses allowed in the C-2 Outlying Commercial District within the Zoning

Ordinance of the Village of Deerfield be amended with respect to uses allowed within the C-2

District as permitted uses and as special uses; and

       WHEREAS, the President and Board of Trustees of the Village of Deerfield concur in the

recommendations of the Plan Commission and have determined that it is in the best interests of the

Village of Deerfield that the text of the Zoning Ordinance of the Village of Deerfield be amended as

provided herein;
       NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in

the exercise of its home rule powers, as follows:

       SECTION 1: That Paragraphs 2 (“Service Uses”), 3 (“Office Uses”) and 4 (“Recreation and

Social Facilities”) of Article 5.02-B (“Permitted Uses”) of Article 5 (“Commercial Districts”) of the

Zoning Ordinance of the Village of Deerfield, be and the same are hereby amended to read as

follows (additions are indicated by underscoring and deletions are indicated by strikethrough

markings):

       2.      Service Uses, with the limitation that: (i) service uses in excess of 10,000
               square feet and up to 20,000 square feet in size are only permitted in ground
               floor locations by a special use pursuant to Article 5.02-C, and (ii) non-retail
               service uses in excess of 20,000 square feet are not permitted in ground floor
               locations; provided, however, that the limitations stated in 2(i) and 2(ii) are
               not applicable within the areas identified on Appendix III entitled C-2 Non-
               Retail Overlay.

               a.      Artists’ Studios.
               b.      Barber Shops.
               c.      Beauty Shops.
               d.      Blueprinting and Photocopying Establishments.
               e.      Dry Cleaning and Laundry Establishments, including self-service,
                       coin-operated equipment, provided that the floor area devoted to any
                       one such establishment (including floor area devoted to accessory
                       uses as well as the principal use) shall not exceed 2,750 square feet.
               f.      Food Catering Establishments.
               g.      Interior Decorating Shops, including upholstery and making of
                       draperies, slip covers and other similar articles, when conducted as
                       part of retail operations and secondary to the principal use.
               h.      Photographic Studios.
               i.      Radio and Television Service and Repair Shops.
               j.      Shoe, Clothing and Hat Repair Shops.
               k.      Tailor and Dressmaking Shops, employing not more than five persons.
               l.      Travel Agencies and Transportation Ticket Offices.

       3.      Office Uses, with the limitation that: (i) office and medical office uses in
               excess of 10,000 square feet and up to 20,000 square feet in size are only
               permitted in ground floor locations by a special use pursuant to Article 5.02-


                                                 -2-
               C, and (ii) office and medical office uses in excess of 20,000 square feet in
               size are not permitted in ground floor locations; provided, however, that the
               limitations stated in 3(i) and 3(ii) are not applicable within the areas
               identified on Appendix III entitled C-2 Non-Retail Overlay.

               a.      Accounting, Auditing and Bookkeeping offices.
               b.      Business, Professional and Government offices.
               c.      Employment Agencies.
               d.      Insurance Agencies.
               e.      Medical and Dental Facilities (Ord. O-85-09).
               f.      Medical and Dental Laboratories.
               g.      Newspaper Offices, provided that there is no print or distribution in
                       connection therewith.
               h.      Real Estate Offices.
               i.      Secretarial Services.
               j.      Security and Commodity Brokers.

       4.      Recreation and Social Facilities, with the limitation that: (i) recreation and
               social facilities in excess of 10,000 square feet and up to 20,000 square feet in
               size are only permitted in ground floor locations by a special use pursuant to
               Article 5.02-C, and (ii) recreation and social facilities in excess of 20,000
               square feet in size are not permitted in ground floor locations; provided,
               however, that the limitations stated in 4(i) and 4(ii) are not applicable within
               the areas identified on Appendix III entitled C-2 Non-Retail Overlay.

               a.      Clubs and Lodges, not-for-profit.
               b.      Philanthropic or Charitable organizations.
               c.      Self Improvement Facilities, including physical exercise and sports
                       training schools, but not including those uses specifically provided for
                       in Article 5.02-C.

       SECTION 2: That the exhibits attached hereto and identified as Text Amendment #1

Exclusions, Text Amendment #2 Exclusions and Text Amendment #4 Areas Excluded from the 50%

Retail Calculation for Commercial PUDs, be and the same are hereby approved and adopted as

Appendix III to the Zoning Ordinance of the Village of Deerfield and shall be known as the “C-2

Non-Retail Overlay.”

       SECTION 3: That Paragraph 1 (“Retail Business Uses”) of Article 5.02-C (“Special Use”)

of Article 5 (“Commercial Districts”) of the Zoning Ordinance of the Village of Deerfield be and the




                                                 -3-
same is hereby amended to read as follows (additions are indicated by underscoring and deletions are

indicated by strikethrough markings):

               a.      Automobile Accessory and Parts Shops, including servicing and
                       installation of products.
               b.      Automobile Convenience Food Shop. (Ord.O-88-08)
               c.      Automobile Vehicle Sales - new cars only, with accessory servicing and
                       repair facilities on a lot not less than 40,000 square feet in area.
               d.      Building Supply Store (including seasonal outdoor sales area and outdoor
                       display of merchandise). (Ord.O-97-50)
               e.      Coins, stamps, precious metals, estate jewelry, antique flatware, sports
                       cards, currency and related hobby items. (Ord. O-96-28)
               f.      Convenience Stores.
               g.      Furniture Stores. (Ord. O-87-58)
                       (1)     Furniture stores which include as part of their operation the
                       warehousing of the goods being offered for sale. The warehousing area
                       may be in the same building as the main sales area and showrooms or in a
                       separate building. (See Art.8.02-E,2,n,).
                       (2)     Private parties for charities and non-profit organizations when
                       accessory to a retail furniture store of at least 20,000 square feet in area,
                       provided such parties and events are conducted inside the premises. (Ord.
                       O-06-27)
               h.      Food Stores, Grocery Stores and Supermarkets. (Ord.O-02-44)
               i.      Garden Supply Sales, including open sales and storage areas provided that
                       each such area is located at least one hundred and fifty (150) feet from a
                       residential district and is fenced and screened, as required below:
                       (1)     Fencing
                       Fencing shall be provided around all outdoor sales areas. This fencing
                       must be at least seven (7) feet in height.
                       (2)     Screening
                       Screening shall be provided as required by the Plan Commission to ensure
                       the enjoyment of surrounding properties and to provide for the public
                       safety in accordance with Article 13, Administration and Enforcement -
                       Special Use.
               j.      Massage Services Establishments.
               k.      Restaurants as defined in Article 14 (O-83-13), Cafes, Coffee Shops, Tea
                       Shops, Bagel Shops, and Similar Operations of 3,001 square feet in area or
                       greater, including the square footage any outdoor seating area. Also, drive-
                       through facilities accessory to a restaurant which also has either direct
                       signalized access to an existing right-of-way or (a) an Agreement has been
                       executed which fully provides for the establishment of signalized access
                       for the location and (b) the Illinois Department of Transportation has
                       authorized said traffic signalization. (O-83-50)




                                                -4-
               l.     Retail Uses listed in Article 5.02-B,1 with a gross floor area of 10,001
                      square feet or more when located north of Lake Cook Road.
               m.     Retail Uses listed in Article 5.02-B,1 with a gross floor area of 30,001
                      square feet or more when located south of Lake Cook Road.
               n.     Specialty food retail stores of 3,001 square feet in area or greater.
               o.     Video Rental Stores. (Ord. O-89-38)
               p.     Warehouse Retail Stores, including membership clubs.

       SECTION 4: That the list of permitted uses set forth in Paragraph 1 (“Retail Business

Uses”) of Article 5.02-B (“Permitted Uses”) of Article 5 (“Commercial Districts”) of the Zoning

Ordinance of the Village of Deerfield, be and the same is hereby amended to read as follows

(additions are indicated by underscoring):

               a.     Antique Shops.
               b.     Apparel and Accessories Stores.
               c.     Art Galleries.
               d.     Art and School Supply Stores.
               e.     Automobile Accessory and Parts Shops, specifically prohibiting servicing
                      and installation of products (Ord. 0-88-50).
               f.     Baby and Children’s Products and Apparel Stores.
               g.     Beauty Products, Cosmetics, Perfumes and Soaps Stores.
               h.     Bedding and Mattress Stores.
               i.     Bridal and Formalwear Stores.
               j.     Bakeries.
               k.     Bicycle Stores, Sales, Rental and Repair.
               l.     Book and Stationery Stores.
               m.     Business Equipment Sales and Service.
               n.     Cabinet, Kitchen and Bathroom Furnishings Sales Establishments
                      (not including cutting, assembling, or manufacturing on premises).
               o.     Camera and Photographic Supply Stores.
               p.     Candle and Wax Stores.
               q.     Candy and Confectionery Stores.
               r.     Carpet, Rug, and Floor Covering Stores, but not including carpet
                      and rug cleaning.
               s.     Catalog Sales Stores.
               t.     Cellular Phone and Mobile Device Stores.
               u.     China, Glassware and Metalware Stores.
               v.     Comic Book Stores.
               w.     Costume, Clothing and Theater Prop Sales and Rental Stores.
               x.     Craft Stores.
               y.     Dancing and Gymnastics Supplies and Apparel Stores.
               z.     Delicatessens.


                                               -5-
aa.  Department Stores.
bb.  Drug Stores and Pharmacies.
cc.  Electronics Stores, including ancillary electronics repair.
dd.  Exercise Equipment Sales.
ee.  Furriers and Fur Apparel Stores.
ff.  Home Decorating and Home Goods Retail Stores.
gg.  Fabric and Yarn Stores.
hh.  Florist Shops and Plant Stores, retail sales only.
ii.  Furniture and Household Appliance Stores.
jj.  Garden Supply Sales or Nursery, including lawn mower sales and
     repair, indoor only.
kk.  Gift Shops.
ll.  Hardware Stores, retail sales only.
mm. Hobby Shops.
nn.  Household Appliance Sales.
oo.  Frozen Dessert Stores.
pp.  Jewelry Stores.
qq.  Leather Goods and Luggage Stores.
rr.  Magazine and Newspaper Stores.
ss.  Marine Stores, indoor only.
tt.  Meat and Fish Stores, retail sales only.
uu.  Medical Appliance and Supply Stores.
vv.  Musical Instrument Sales and Repair, Sheet Music and Musical
     Recordings
ww. Office Supply Stores.
xx.  Opticians Sales, retail sales only.
yy.  Party Supply Stores.
zz.  Pool and Patio Stores, indoor only.
aaa. Package Liquor Stores.
bbb. Paint, Glass, and Wall Covering Stores.
ccc. Pet Supply Stores.
ddd. Picture Framing, including self-service when conducted for on-
     premises retail sale.
eee. Restaurants, Cafes, Coffee Shops, Tea Shops, Bagel Shops, and Similar
     Operations of 3,000 square feet in area or less, including the square
     footage any outdoor seating area, and not including a drive-through.
fff. Shoe Stores.
ggg. Specialty Food Retail Stores of 3,000 square feet in area or less.
hhh. Sporting Goods and Sportswear Stores.
iii. Tobacco Shops.
jjj. Toy Stores.
kkk. Uniform Stores.
lll. Variety Stores.
mmm. Vitamin and Supplement Stores.




                              -6-
       SECTION 5: That the list of permitted uses set forth in Paragraph 2 (“Permitted Service

Uses”) of Article 5.02-B (“Permitted Uses”) of Article 5 (“Commercial Districts”) of the Zoning

Ordinance of the Village of Deerfield, be and the same is hereby amended to read as follows

(additions are indicated by underscoring):

               a.      Artists' Studios.
               b.      Barber Shops.
               c.      Beauty Shops.
               d.      Dry Cleaning and Laundry Establishments, including self-service, coin-
                       operated equipment, provided that the floor area devoted to any one such
                       establishment (including floor area devoted to accessory uses as well as
                       the principal use) shall not exceed 2,750 square feet. (Ord. O-01-27)
               e.      Food Catering Establishments.
               f.      Interior Decorating Shops, including upholstery and making of draperies,
                       slip covers and other similar articles, when conducted as part of retail
                       operations and secondary to the principal use.
               g.      Locksmith and Key Making Establishments.
               h.      Photocopy, Print, Sign Making, and Mail Delivery Establishments.
               i.      Photographic Studios.
               j.      Shoe, Clothing and Hat Repair Shops.
               k.      Tailor and Dressmaking shops, employing not more than five persons.
               l.      Tanning Salons
               m.      Travel Agencies and Transportation Ticket Offices.

       SECTION 6: That Article 14 .02-B (“Definitions”) of Article 14 (“Rules and Definitions”)

of the Zoning Ordinance of the Village of Deerfield, be and the same are hereby amended to add the

following as definitions:

       BEAUTY SHOP: An establishment where hair is washed, cut, dyed, and/or styled. May
       include ancillary services such as manicures, pedicures and massage.

       CONVENIENCE STORE: A retail establishment which is designed for the sale of primarily
       prepackaged products in low volumes per sale, that generally includes milk, bread, soda, and
       snacks or similar convenience items.

       MASSAGE SERVICES: Any method of massage, bodywork or somatic therapy which
       consists of the manipulation of the muscular structure and soft tissue of the human body, and
       includes the administration of pressure on or friction against or stroking, kneading, rubbing,
       tapping, percussion, pounding, vibrating or stimulating the external soft tissue of the body
       with the hands or with the aid of mechanical or electrical apparatus or appliance, with or



                                                -7-
       without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder,
       creams, lotions, ointments or other similar preparations commonly used in this practice by a
       massage therapist licensed by the State of Illinois.

       TANNING SALON: Any establishment where a room or a booth, or group of rooms or
       booths, houses ultraviolet lamps or products containing lamps intended for the irradiation of
       any part of the living body for cosmetic or non-medical related purposes. Also includes air
       brush spray tanning.

       VARIETY STORE: A retail establishment that offers a wide assortment of inexpensive
       merchandise, including health and personal care items, candy, toys, boxed or packaged foods,
       gifts, and housewares, but excluding resale stores, secondhand stores, consignments stores,
       close-out stores, liquidators, thrift stores, and flea markets.

       SECTION 7: That the definition of “Food Stores” contained in Article 14.02-B

(“Definitions”) of Article 14 (“Rules and Definitions”) of the Zoning Ordinance of the Village of

Deerfield, be and the same are hereby amended to read as follows:

       FOOD STORES: Stores which sell a variety of foods and other items commonly sold in
       connection therewith. The term “food store” shall include, but is not limited to, stores
       commonly referred to as fruit and vegetable markets, health food stores, grocery stores, and
       supermarkets. This term shall not include services for the consumption of food on the
       premises.

       SECTION 8: That the definition of “Shopping Center/Planned Unit Development”

contained in Article 14.02-B (“Definitions”) of Article 14 (“Rules and Definitions”) of the Zoning

Ordinance of the Village of Deerfield, be and the same are hereby amended to read as follows:

       SHOPPING CENTER/PLANNED UNIT DEVELOPMENT:
       A Planned Unit Development containing one or more buildings which contain one or more
       Permitted or Special Uses as allowed under the zoning provisions of the zoning district in
       which the development is located. Not less than fifty (50) percent of the leasable square
       footage on the ground floor within the buildings within the development shall be devoted to
       retail business uses; provided, however, that leasable square footage within buildings located
       in C-2 Non-Retail Areas identified on Appendix D shall be excluded from the 50 percent
       retail calculation.

       SECTION 9: That this Ordinance, and each of its terms, shall be the effective legislative act

of a home rule municipality without regard to whether such Ordinance should: (a) contain terms




                                                -8-
contrary to the provisions of current or subsequent non-preemptive state law; or, (b) legislate in a

manner or regarding a matter not delegated to municipalities by state law. It is the intent of the

corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance

should be inconsistent with any non-preemptive state law, this Ordinance shall supersede state law in

that regard within its jurisdiction.

        SECTION 10: That this Ordinance shall be in full force and effect from and after its

passage, approval and publication in pamphlet form as provided by law.

        PASSED this _______ day of __________________________, 2013.
        AYES:
        NAYS:
        ABSENT:
        ABSTAIN:
        APPROVED this ________ day of _______________________, 2013.



                                              ________________________________
                                                    Village President
ATTEST:

_____________________________
      Village Clerk




                                                -9-
    Appendix III: C-2 Non-Retail Overlay
      Text Amendment #1 Exclusions



                         LAKE COOK RD




           Deerfield
           Park
           Plaza

                                            Deerbrook
                                            Mall




                   Sach's Center




                                           Deerbrook
                                           Mall




±
    Appendix III: C-2 Non-Retail Overlay
      Text Amendment #2 Exclusions


                         LAKE COOK RD




           Deerfield
           Park
           Plaza

                                            Deerbrook
                                            Mall




                   Sach's Center




                                           Deerbrook
                                           Mall




±
          Appendix III: C-2 Non-Retail Overlay
        Text Amendment #4 Areas Excluded from
    the 50% Retail Calculation for Commercial PUDs


                               LAKE COOK RD




                 Deerfield
                 Park
                 Plaza

                                               Deerbrook
                                               Mall




                         Sach's Center




                                              Deerbrook
                                              Mall




±
                                   REQUEST FOR BOARD ACTION

                                                                                  13-01
                                                                  Agenda Item: __________________


Subject:      Ordinance Approving and Authorizing a Ground Lease Between U.S. Bank National
              ________________________________________________________________________
              Association and the Village of Deerfield
              ________________________________________________________________________
                     First Reading
Action Requested: ____________________________________________________________________
                     Administration
Originated By: _______________________________________________________________________
                     Mayor and Board of Trustees
Referred To: _________________________________________________________________________

Summary of Background and Reason for Request
The landscaping and hardscape owned by US Bank at the prominent northeast corner of Deerfield and
Waukegan Road has remained in a less than attractive condition for a number of years. This is confirmed by
the frequent requests to improve the aesthetics of the property from residents, service clubs, the Village
Center Development Commission and Fine Arts Commission. While deficiencies have not risen to the level
of code enforcement actions, staff’s attempts to persuade US Bank to enhance their maintenance efforts have
been met with no success.

To provide the Village a legal mechanism for public use and improvements to the property, staff has
negotiated a 15 year lease that will reimburse the Village for improvement costs in the event of early
termination.

In response to the Board’s concerns about liability and timing, US Bank has agreed that the lease commence
on April 1, 2013, to allow the Village to receive cost estimates and await the spring weather conditions that
are conducive to landscaping and walkway improvements.

US Bank corporate representatives have confirmed their acceptance of the proposed lease as presented.

Management Analyst Andrew Lichterman will be present to answer questions.

Reports and Documents Attached:
Ordinance
Ground Lease
Exhibit

                            January 7, 2013
Date Referred to Board: ____________________

                                     Action Taken: _________________________________________
                           VILLAGE OF DEERFIELD
                    LAKE AND COOK COUNTIES, ILLINOIS
______________________________________________________________________________


                              ORDINANCE NO. ______________

               AN ORDINANCE APPROVING AND AUTHORIZING
         A GROUND LEASE BETWEEN U.S. BANK NATIONAL ASSOCIATION
                     AND THE VILLAGE OF DEERFIELD

______________________________________________________________________________

       WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant to

the provisions of Article VII, Section 6 of the Illinois Constitution; and

       WHEREAS, as a home rule unit of local government, the Village of Deerfield may

exercise any power and perform any function pertaining to its government and affairs, except as

limited in accordance with Article VII, Section 6 of the Illinois Constitution; and

       WHEREAS, the Village of Deerfield has negotiated a certain Ground Lease with U.S.

Bank National Association (U.S. Bank) authorizing the Village to make certain landscape and

park improvements to the leased premises generally located at the northeast corner of Deerfield

Road and Waukegan Road in the Village of Deerfield, and to use the leased premises for a public

park or plaza in accordance with the terms and conditions contained in the Ground Lease

attached hereto as Exhibit A; and

       WHEREAS, the corporate authorities of the Village of Deerfield have determined that it

is in the best interests of the Village of Deerfield that the Ground Lease be approved for the

public park uses and purposes stated therein;

       NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,

ILLINOIS, in the exercise of its home rule powers, as follows:


                                                 -1-
       SECTION 1: That the corporate authorities of the Village of Deerfield do hereby

authorize and approve the Ground Lease by and between U.S. Bank National Association and

the Village of Deerfield, a copy of which is attached hereto as Exhibit A, and do further

authorize and direct the President of the Village of Deerfield to execute said Ground Lease for

and on behalf of the Village of Deerfield.

       SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative

act of a home rule municipality without regard to whether such Ordinance should: (a) contain

terms contrary to the provisions of current or subsequent non-preemptive state law; or, (b)

legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the

intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of

this Ordinance should be inconsistent with any non-preemptive state law, this Ordinance shall

supersede state law in that regard within its jurisdiction.

       SECTION 3: That this Ordinance shall be in full force and effect upon its passage and

approval as provided by law.

       PASSED this _______ day of __________________________, 2013.
       AYES:
       NAYS:
       ABSENT:
       ABSTAIN:
       APPROVED this ________ day of _______________________, 2013.



                                               ________________________________
                                                     Village President
ATTEST:


_____________________________
      Village Clerk


                                                 -2-
                                             GROUND LEASE


       THIS GROUND LEASE ("Lease"), dated as of the _______ day of ____________, 2013,
is between U.S. Bank National Association ("Landlord"), a national banking association, and the
Village of Deerfield, IL ("Tenant").

                                               WITNESSETH

        In furtherance of the undertakings of the parties and in consideration of the mutual
benefits to be derived herefrom, it is agreed:

          1.         PREMISES. Landlord leases to Tenant upon the terms and conditions herein set
                     forth, the real property depicted on in Exhibit “A” attached hereto and by this
                     reference incorporated herein as though fully set forth (the “Premises”).
                     Notwithstanding the foregoing, Landlord reserves for itself, its employees,
                     customers, guests and invitees the right to use the Premises for pedestrian ingress
                     and egress to Landlord’s adjacent property and the public sidewalks abutting the
                     Premises.

          2.         TERM. The term shall be fifteen (15) years commencing April 1, 2013, and
                     terminating March 31, 2028. Tenant shall have no right to renew or extend the
                     term of the Lease. Tenant shall neither have nor acquire any right, title, or
                     interest, legal or equitable, in the Premises except as acquired by this Lease.
                     Notwithstanding the foregoing, commencing March 31, 2018, either party shall
                     have the right to terminate the term of this Lease early upon giving not less than
                     six (6) months prior written notice to the other party. In the event Landlord elects
                     to terminate this Lease early as set forth in this Section 2 (and not as part of a
                     default by Tenant, condemnation or other similar event), Landlord shall pay to
                     Tenant an early termination fee which shall be an amount equal to the product of
                     cost of the Initial Tenant Improvements and a fraction, the numerator of which
                     shall be the number of full calendar months between the date of the early
                     termination and March 31, 2028 and the denominator of which shall be one
                     hundred twenty (120).

          3.         RENT. The rent shall be One and No/100 Dollar ($1.00) per year payable by
                     Tenant to Landlord at the commencement of the term and on each January 1
                     thereafter during the term of the Lease. The rent shall be payable to Landlord at
                     the address set forth in paragraph 19 hereof.

          4.         IMPROVEMENTS. This is a ground lease and Landlord shall bear no cost or
                     expense in connection with the making of any improvements to the Premises.
                     Tenant agrees that it shall make certain landscape and park improvements to the
                     Premises in a good, careful, and workmanlike manner, free of liens or claims and
                     at its own cost and expense (not to exceed $100,000.00) (the “Initial Tenant
                     Improvements”). The Initial Tenant Improvements shall be all landscape and
Deerfield, IL Ground Lease to Village v7              1
Bank as Landlord
Last Revised: January 2, 2013
                     park improvements made to the Premises by Tenant which shall be completed on
                     or before December 31, 2014.

          5.         USE OF PREMISES. Tenant shall use the Premises for a public park or plaza
                     and for no other use or purpose. No portion of the Premises may be used or
                     occupied for the principal or incidental purpose of operating a bank, credit union,
                     savings and loan, money store, mortgage or loan origination, financial services,
                     securities brokerage, or insurance services, or for the operation of an automated or
                     remote teller machine, or for advertising for any of the aforementioned uses.

          6.         EXPENSES. Except as otherwise expressly set forth herein, this Lease is strictly
                     “triple-net” to Landlord and Landlord shall not, during the term of this Lease,
                     bear any cost or expense in connection with the Premises or any improvements
                     thereto. Tenant hereby assumes and agrees to pay when due and indemnify and
                     hold Landlord harmless from all costs and expenses in connection with the
                     Premises and improvements thereto during the term of this Lease including,
                     without limitation, all utility charges of every type or description, all expenses of
                     maintenance, repair and alteration. Notwithstanding anything to the contrary
                     continued herein, Landlord agrees that it shall pay for all taxes, assessments and
                     other charges imposed on all or any part of the Premises.

          7.         MAINTENANCE. Tenant agrees to care for and maintain the Premises during
                     the term of this Lease, at its sole cost and expense, at all times in a neat, clean,
                     and sanitary condition including, without limitation, landscape maintenance,
                     removal of trash and debris, and keeping the Premises free of hazards and sources
                     of danger or harm arising out of or attributable to Tenant’s improvements to the
                     Premises or maintenance of the Premises, and shall not permit the use or storage
                     thereon of any chemical, spray, fertilizer, or other material of a dangerous toxic or
                     environmentally hazardous nature.

                     Should Tenant not maintain the Premises as herein required, Landlord may notify
                     Tenant of such deficiencies and if the deficiencies are not remedied within thirty
                     (30) days after the giving of such notice Landlord may, at its option and without
                     limitation to its other rights and remedies hereunder, correct such deficiencies for
                     the account of Tenant and Tenant shall, upon demand pay and reimburse
                     Landlord for all costs and expenses incurred by Landlord in correcting such
                     deficiencies together with a service charge equal to 10% of the total of such costs
                     and expenses.

          8.         LAWS/REGULATIONS. Tenant shall at all times exercise its rights under this
                     Lease and keep and use the Premises in accordance with all applicable statutes,
                     ordinances, orders, rules, and regulations of any public, quasi-public, or private
                     authority or entity.

          9.         RELEASE/INDEMNITY. Tenant does hereby release, indemnify, and promise to
                     defend and save harmless Landlord from and against any and all liability, loss,
Deerfield, IL Ground Lease to Village v7               2
Bank as Landlord
Last Revised: January 2, 2013
                     damage, expense, actions and claims (including, without limitation, costs and
                     reasonable attorneys’ fees incurred by Landlord in the defense thereof) asserted or
                     arising directly or indirectly on account of or out of the acts or omissions of
                     Tenant and/or Tenant’s agents, servants, employees, contractors, guests, invitees,
                     subtenants or assigns, on or about the Premises or in the exercise of the rights
                     granted herein. As a material inducement to Landlord entering into this Lease,
                     Tenant hereby fully assumes as between Landlord and Tenant all risk of and
                     liability for damage to property or injury or death to persons, upon and about the
                     Premises from any cause whatsoever except that which is caused by the
                     negligence of Landlord.

          10.        INSURANCE. During the term, Tenant shall maintain, or cause to be
                     maintained: public liability insurance with so called “single limit” coverage of not
                     less than $5,000,000. All insurance required to be maintained by Tenant
                     hereunder shall name Landlord as an additional insured and shall be effected
                     under valid and enforceable policies issued by a reputable insurance company or
                     companies authorized to do business in the State where the Premises are located.
                     Upon the commencement of the term, and thereafter not less than ten (10) days
                     prior to the expiration of any current policy, Tenant shall deliver to Landlord
                     certificates of all insurance required to be maintained hereunder. Each policy
                     required to be maintained by Tenant hereunder shall, to the extent obtainable,
                     contain an agreement by the insurer that such policy shall not be canceled without
                     at least thirty (30) days prior written notice to Landlord and Tenant. Nothing in
                     this Lease shall prevent Tenant from carrying the insurance required to be
                     maintained by Tenant hereunder under a blanket insurance policy or policies
                     which can cover other properties as well as the Premises; provided, it provides the
                     coverages required herein.

          11.        AS-IS, WHERE-IS. Tenant acknowledges that Landlord makes no representation
                     or warranty whatsoever, express or implied, as to the quality or condition of the
                     Premises, or the suitability or fitness of the Premises for any use whatsoever,
                     known or unknown to Landlord. In no event shall Landlord be responsible for
                     defects or faults, if any, in the Premises or for remedying, repairing or correcting
                     the same. Tenant acknowledges and understands that Landlord’s delivery of
                     possession of the Premises and plans referenced in Exhibit “A” to Tenant is
                     strictly “AS-IS, WHERE-IS,” “WITH ANY AND ALL FAULTS.”

          12.        PARK/PLAZA NAME. The name, if any, of the park/plaza contemplated by this
                     Lease will be as mutually agreed upon by Landlord and Tenant. All signs, if any,
                     placed on or about the Premises shall be subject to Landlord’s reasonable prior
                     approval.

          13.        HAZARDOUS SUBSTANCES. The term "Hazardous Substances", as used in
                     this Lease, shall include, without limitation, oil, petroleum, medical waste,
                     flammables, explosives, radioactive materials, asbestos, polychlorinated biphenyl
                     (PCB's), chemicals known to cause cancer or reproductive toxicity, pollutants,
Deerfield, IL Ground Lease to Village v7              3
Bank as Landlord
Last Revised: January 2, 2013
                     contaminants, hazardous wastes, toxic substances or related materials, petroleum
                     and petroleum products, and substances declared to be hazardous or toxic under
                     any law or regulation now or hereafter enacted or promulgated by any state, local
                     or federal authorities (the "Authorities").

                     (a)        Tenant agrees to the following with regard to Hazardous Substances and
                                environmental laws:

                                (i)        Tenant shall not cause any violation of any federal, state, or local
                                           law, ordinance, or regulation now or hereafter enacted, related to
                                           environmental conditions on, or about the Premises, or arising
                                           from Tenant's use, alteration or occupancy of the Premises,
                                           including, but not limited to, soil and ground water conditions; and

                                (ii)       Tenant shall not cause the use, generation, release, manufacture,
                                           refining, production, processing, storage, or disposal of any
                                           Hazardous Substances on, under, or about the Premises, or the
                                           transportation to or from the Premises of any Hazardous
                                           Substances, to the extent any such activity is prohibited by, or
                                           results in liability under, any law regulating the use, generation,
                                           storage, transportation, or disposal of Hazardous Substances
                                           ("Laws").

          14.        ASSIGNMENT. The rights, privileges, and benefits granted herein to Tenant are
                     personal to Tenant and Tenant may not transfer or assign this Lease.

          15.        REMOVAL OF TENANT’S PROPERTY AND SURRENDER.                                   All
                     improvements to the Premises made pursuant to paragraph 4 shall at all times be
                     and remain the property of Tenant. Tenant at is sole cost and expense shall
                     remove any structures or buildings placed or installed by Tenant on the Premises,
                     and reasonably restore the property disturbed by such removal to its condition as
                     when originally delivered by Landlord upon the expiration or earlier termination
                     of the Lease.

          16.        CONDEMNATION. In the event the whole or any part of the Premises are taken
                     by any public, quasi-public, or private authority or entity under power of eminent
                     domain or like power, or sold or conveyed under imminent threat thereof, the
                     term of this Lease shall terminate as to the part of the Premises so taken, sold or
                     conveyed, effective as of the date possession is required. In the event of a partial
                     taking the rent for the remaining term shall not be reduced. The entire amount of
                     any sum awarded for taking or damages shall belong to Landlord and Tenant
                     waives any claim thereto.

          17.        LANDLORD’S RIGHT OF ENTRY THIRD-PARTY RIGHTS. Landlord
                     reserves to itself the right to enter upon the Premises during the term of this Lease
                     as may be deemed necessary by Landlord for the purpose of constructing,
Deerfield, IL Ground Lease to Village v7                     4
Bank as Landlord
Last Revised: January 2, 2013
                     developing, maintaining, altering, or repairing property of Landlord adjacent to or
                     in the vicinity of the Premises and for the purpose of constructing or laying pipes,
                     conduits, lines, and other facilities for utilities and other services or connections
                     to property of Landlord adjacent to or in the vicinity of the Premises, and further
                     reserves to itself the right to grant easements, licenses, and permits to others
                     subject to this Lease. Upon completion of any work by Landlord or by others, the
                     Premises shall be restored at Landlord’s expense to as nearly as possible the
                     condition it was in prior to the commencement of such work.

          18.        TITLE. Landlord does not warrant title to the Premises and shall not be liable for
                     defect thereto or failure thereof.

          19.        NOTICES. Notices given under this Lease shall be given as follows:

          If to Landlord:                   U.S. Bank National Association
                                            Corporate Real Estate
                                            2800 East Lake Street [EP-MN-0112]
                                            Minneapolis, MN 55406
                                            Attn: David K. Wright

                                            With a copy to:

                                            U.S. Bank National Association
                                            Corporate Real Estate
                                            800 Nicollet Mall [BC-MN-H21N]
                                            Minneapolis, MN 55402
                                            Attn: Jeffrey W. Shea, Corporate Counsel

          If to Tenant:                     Village of Deerfield
                                            850 Waukegan Road
                                            Deerfield, IL 60022
                                            Attn: Village Manager

                                            With a copy to:
                                            Peter D. Coblentz
                                            Rosenthal, Murphey, Coblentz & Donahue
                                            30 N. LaSalle St., Suite 1624
                                            Chicago, IL 60602

                  Notices shall be deemed effective, if mailed, upon the second day following
          deposit thereof in the United States mails, postage prepaid, certified or registered mail,
          return receipt requested, or upon delivery thereof if otherwise given. Either party may
          change the address to which notices shall be given by giving notice as above provided.

          20.        DEFAULT. If Tenant shall default in the performance of any of Tenant’s
                     obligations under this Lease or shall violate any term or provision of this Lease,
Deerfield, IL Ground Lease to Village v7               5
Bank as Landlord
Last Revised: January 2, 2013
                     Landlord may, upon giving Tenant any notice required by law, terminate this
                     Lease and upon such termination Tenant shall quit and surrender the Premises to
                     Landlord, but Tenant shall remain liable to Landlord as hereinafter provided.

          21.        LIABILITY NOT DISCHARGED. The expiration or earlier termination of this
                     Lease shall not release or discharge Tenant from any liability or obligation with
                     respect to any matter occurring prior to or upon such expiration or termination.

          22.        ATTORNEY’S FEES. In the event that any suit or action is instituted to enforce
                     this Lease or make any claim arising hereunder, the prevailing party shall be
                     entitled to an award for its costs and reasonable attorney’s fees.

          23.        RECORDING. Neither this Lease nor any memorandum or notice hereof shall be
                     recorded by Tenant.

          24.        NON-WAIVER. No failure of Landlord to insist upon the strict performance of
                     any provision of this Lease shall be construed as depriving Landlord of the right
                     to insist on strict performance of such provision and any other provision in the
                     future. No waiver by Landlord of any provision of this Lease shall be deemed to
                     have been made unless expressed in writing and signed by Landlord. No
                     acceptance of rent or of any other payment by Landlord from Tenant after any
                     default by Tenant shall constitute a waiver of any such default or any other
                     default. Consent by Landlord in any one instance shall not dispense with
                     necessity of consent by Landlord in any other instance.

          25.        ENTIRE AGREEMENT. This Lease contains the entire and integrated
                     agreement of the parties and may not be modified or amended except in writing
                     signed by the parties.

          26.        AUTHORITY/BINDING AGREEMENT. Each person signing this Lease on
                     behalf of Landlord or Tenant warrants respectively that:

                     A. All corporate or other action necessary for the authorization, execution,
                        delivery, and performance of this Lease has been duly taken;

                     B. Such person is fully authorized to sign this Lease; and

                     C. This Lease has been duly authorized, executed and delivered, and is the legal,
                        valid, and binding agreement of the party on whose behalf such person has
                        signed this Lease.

          27.        GOVERNING LAW. This Lease is made subject to and shall be construed in
                     accordance with the laws of the State of Illinois.

       IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of
the day and year first set forth above.
Deerfield, IL Ground Lease to Village v7             6
Bank as Landlord
Last Revised: January 2, 2013
                                           LANDLORD:

                                           U.S. BANK NATIONAL ASSOCIATION


                                           By:
                                           Title:

                                           By:
                                           Title:


                                           TENANT:

                                           VILLAGE OF DEERFIELD


                                           By:
                                           Title:




Deerfield, IL Ground Lease to Village v7   7
Bank as Landlord
Last Revised: January 2, 2013
                                           EXHIBIT A

                                           To be attached




Deerfield, IL Ground Lease to Village v7     Exhibit A
Bank as Landlord
Last Revised: January 2, 2013
                                                                                                                                                                                                                                                                                                                                                                                                                                      EXHIBIT A                                                                                                                                                                                  .
                                                                                                                                                                                                                                                                                                                                                                                                                                               ,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          - __


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                                                                                                                                                 PARCEL I: THAT PART OF THE SOUTH· WEST J4 OF THE. SOUTHWEST J4                                                                                                    PARCEL      4: THE WE.ST 25 FEE.T OF- LOT_ 2G JEXCE.PT THE.    NORTH   10.001                                                                                                                                                                                                                               OF SAID SOUTH WE..ST 1/4 _OF THE SOUTH WE.ST 1/4 OF SAID SECTION .2.8
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    PA.RCE.L       6: THE. NORTH 12.45 FEET CME.ASURE.D AT RIC:.HT ANG.LE.S TO    THE.
                                                                                                                                                  or SECTION 25, TOWNSHIP 43 NORTH. r:2.ANGE. 12., EAST OF THE. THIRD                                                                                              r-E.ET THE.RE.OFJ IN THE. OWNE.RS HOME.STE.AD SUI:>DIVISION-IN THE.  SOUTH                                                                                                                                                                                                                                  AB-OVE. DE.SCRIP..E.D.FALLING. WITHIN THE. FOLLOWING DE.S.CRII!>ED PREM!SE.S.,
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NORTH        LINEl OF -rHAT PART OF LOT 13 IN BLOCK liN THE.        ORIGINAL
                                                                                                                                                 PRINCIPAL       MERIDIAN, DE.SCRIB.E.D  AS FOLLOWS: t!oE.!liNNING    AT    THE.                                                                                   WE.ST 1/4 OF SE.CTION 28, TOWNSHIP 43 NmHH,RANGE IZ;E.AST OF THE             ,                                                                                                                                                                                                                              TO-WIT: COMME.NCINe. AT THE. NORTH E.AST CORNER Or THE. WE.STE.RL'r' 12.3-
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    TOWN OF DE-ERFIELD IN THE SOUTH WEST 1/4 OF THE. SOUTH WEST 1/4                 OF
                                                                                                                                                  NORTHEASTERLY CORNE-R OF LOT 14 IN BLOCK I OF THE. PLAT OF THE. TOWN                                                                                             THIRD f'RINCIPAL MERIDIAN, ACCORDIN~ TO THE PLAT THEREOF -RE-CORDED                                                              1

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              FE.E.T OF THE. SOUTHERLY 33 FE.E.T OF THE NORTHE.RLY 36 FE.E.T OF LOT 14
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SE.CTIQN Z8. TOWNSHIP 43 NORTH, RANG.E 12. E.AST OF THE. THIRD         PRIN-
                                                                                                                                                 OF DE.E.RFIE.LD: THENCE EAST ALONG A LINE. PAR.ALLEL WITH SAID SOUTH                                                                                              DE.CE.MBE.R 11,132Z AS DOCUME.I\IT 218864,1N BOOK 'L'OF PLATS, PAllE         ~·                                                                  CIPAL "ME.RIDIP,.N, ACCORDING. TQ THE PLAT THEREOF RECORDED ~RCH               IC,                                                                        IN BLOCK 1 or SAID ORIGdANL TOWN OF DE.E.RFIE.LD: THENCE.         NOJl.T~AST-
                                                                                                                                                  LINE. OF LOTS 1:) AND 2:0 IN OWNERS HOMESTEAD ·sue.DI'v'ISION, Rf.COR.DE.D                                                                                       41:1, IN LAKE COUNTY, ILLINOIS.                                                                                                                                                                                                                                                                            E.RL Y PARALLEL        WITH   THE. NORTHE.RL Y LINE. OF SAID LOT 14         TO    THE
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    1857·,··11Je.OOK 27 OF DE.E.DS,PAt.iE 1G7, DE..SCR12.ED AS FOLLOWS, TO-WIT;
                                                                                                                                                 DE.CE.MBE.R 11.1a2:2: AS DOCUMEI-JT 2.1S8G4.1:)8,20 FE.E.T, MORE. OR    LE.SS,                                                                                    PARCE.L 5: THAT PART OF LdT 13- IN BLOCK liN THE. ORit:liNAL TOWN OF                                                                             BE.e.INNINGi      AT THE. INTERSECTION OF THE. SOUTHERLY LINE OF SAID LOT                                                                                 E.ASTE.RLY LINE:. THE.RE.OF: THE.NCE. NORTHWE-STERLY ALONe. SAID          E.ASTE.RL Y
                                                                                                                                                  TO      THE. POINT OF INTERSECTION OF SAID PARALLE.L LINE. AND THE.             WE.ST                                                                            DE.E.RFIE.LD IN THE. SOUTH WE.ST 1/4 OF THE. SOUTH WE.ST 1/4 OF SECTION:                                                                         AND       EASTERLY LINE. OF WAUKE.GiAN ROAD:-THE.NCE. NORTHERLY ALONGi             THE.                                                                   LOT NORTH OF LOT 14,3 FEE.T TO TEH NORTH E.AST CORNER OF SAID                    LOT
                                                                                                                                                  LINE. OF LOT 26. IN OWNERS HOME.STE.AD GU2.DIVISION EXTE-NDED STRAJG.HT                                                                                          28. TOWNSHIP 43 NORTH. RANc.=:iE 1Z. E.AST OF THE.      THIRD  PRINCIPAL                                                                         EASTE.:RL Y LINE.       OF SAID WAUK.E.G.AN ROAD, 4:) FEET: THENCE.   E.ASTERL Y                                                                          14: THENCE.    EAST 71 FEE. T: THENCE. SOUTH 45 FEE.T: THENCE      WE..ST    71
                                                                                                                                                 SOUTH: THENCE NORTH ALONtl SAID E.XTE.NDE.D WE.ST LINE AND ALONG.                   THE.                                                                          ME-RIDIAN. ACCOQDING TO THE. PLAT THEREOF RECORDED MAR.CH 16, 1857,                                                                              PARALLEL           TO THE SOUTHERLY LINE. OF SAID LOT 13,102: FEET: THENCE.                                                                               FE.E.T. MORE.   OR   LESS. TO A POINl OF INTERSECTION OF SAID             LINE
                                                                                                                                                  WEGT LINE OF LOT 2G, 64.85 FE.E.T. MORE. OR LESS, TO THE. SOUTH             EAST                                                                                 IN BOOK 2.7 OF DEE.DS, PAGE IG7, DE.SCRII:>E.D AS FOLLOWS: COMME.NCINt'i                                                                         .SOUTHE.ASTE.RL Y -4-' FE.E.T TO A POINT ON THE SOUTHE.RL Y LINE.         OF SAID                                                                         WITHTHE. E.ASTE.RL Y LINE EXTENDED SOUTHE.RL Y OF THE. WE.S.TE.RL Y 123 FE.E.T
                                                                                                                                                 CORNE.R       OF SAID LOT 2.0 IN OWNE.RS HOM!o.STEAD SUe.D!VISION; THENCE.                                                                                        AT A POINT ON THE. SOUTH LINE. OF SAID LOT 13 WHICH IS 10.2..0           FE.E.T                                                                  LOT 12,102. FEE.T EASTERLY OF THE. POINT OF BEGINNING             AND   THENCE.                                                                           OF THE. SOUTHE.RL Y 33 FEET OF THE. NORHTE.RL Y 3C FEET OF LOT                14   IN
                                                                                                                                                  WEST ALONG          SAID   SOUTH LINE OF LOTS 2.0 AND 13 IN SAID            OWNERS                                                                               E.A.ST OF THE WESTER.L Y LINE OF SAID LOT 1~: THE.NCE WE.ST ALONc.=:i       SAID                                                                 WESTERLY ON THE. SOUTHERLY LINE. Or ..SAID LOT 13,10.2. FE.E.T TO            THE                                                                          SAID    !!>LOCK: THENCE NORTHWE.STERL Y TO THE POINT OF 2.EGINNING1 IN
                                                                                                                                                 HOMESTEAD SU2.DIVISION, 2:12..50 FE.E.T. NORE. OR LESS, TO THE.         NORTH-                                                                                    SOUTH LINE, A DISTANCE OF 11.0 FE.E.T: THENCE NORTH TO A POINT ON A i                                                                            POINT OF-. BEGINNINB!, IN LAKE COUNTY, ILLINOIS.                                                                                                          LAKE COUNTY, ILLINOIS.
                                                                                                                                                 E.ASTE.RL'( CORNE.R OF LOT 15 IN AFORE.SAID !!.LOCK 1 OF THE. PLAT OF THE.                                                                                        LINE. PARALLEL WITH AND !oG.2.5 FE.E.T NORTH OF THE SOUTH LINE. OF LOT
                                                                                                                                                 TOWN OF DEERFIELD: AND THENCE. SOUTHEASTE.RLY ALONG.                  THE    E.A.S.TE.RLY                                                                                                                                                                                                                          PARCE..L a: THE. SOUTH 62. FEET OF LOT I IME.ASURE.D ON THE. EAST LINE l                                                                                  PARCEL 11: THAT PART OF THE. SOUTH WE.ST 1./4 OF THE SOUTH WEST 1/4
                                                                                                                                                                                                                                                                                                                   l!o, AS MEASURE-D ALONG. THE: WESTERLY LINE. OF LOT 13: THENCE.         E.AST ,                                                                  ON BLOC-K I IN THE. ORIG.INAL TOWN OF DE.E.RFIELD,IN THE WE.5T 1/2.                                                       or
                                                                                                                                                 LINE.     OF SAID LOT 15,-G6.20 RE.T, MORE OR LESS, TO THE. CORJIE.R            OF                                                                                ALONG      THE. LAST DeSCRIBED LINE TO A POINT THEREON WHICH JS.           102..0                                                                                                                                                                                                                          Of SECTION 2:8, TOWNSHIP 43 NORTH, RANG.E. 12., E.AST OF THE         THIRD
                                                                                                                                                 l!oE.GoiNNING   IE.XCE.PT THE. E.AST 2.5.00 FE.E.T THE.RE.OFl, IN LAKE.  COUNTY.                                                                                                                                                                                                                                   THE.  SOUTH WE..ST 1/4 OF SE.CTION Z8, TOWNSHIP 43- NORTH, RANG.-E   t.z..                                                                                PRINCIPAL MERIDIAN, AND OF LOT 14 IN B. LOCK liN ORic.=:iiNAL TOWN OF
                                                                                                                                                                                                                                                                                                                   FE. E.T E-AST OF THE. WE..STE-RL Y LINE. OF LOT 13: THENCE. SOUTHE.RL Y TO THE.
                                                                                                                                                 ILLINOIS.                                                                                                                                                                                                                                                                                                          EAST   OF THE.    THIRD PRINCIPAL MERIDIAN, ACCOR.DINGi  TO   THE     PLAT                                                                                DE.E.RFIE.LD ACCORDJN(): TO THE. PLAT THE.RE.OF RE.CORDE.D MARCH IG, 1B57,
                                                                                                                                                                                                                                                                                                                   POINT OF B.E.t'iiNNING., IN LAKE> COUNTY, ILLI.NOIS.                                                                                             THEREOF RECORDED MARCH IG,1857,1N BOOK 2:7 OF DE.E.D.S, PAGE       IG7,
                                                                                                                                                 PARCEL      .2.: THE. SOUTH 41.80 r-E.E.T OF SAID LOT 2.0 IN OWNE.RS        HOME--                                                                                                                                                                                                                                 IN LAKE COUNTY, ILLINOIS.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              IN BOOK      .2.7 OF DE.E.DS, PAGiE. IS?, BOUNDED                       e.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 Y A LINE. .DESCRIBED AS
                                                                                                                                                                                                                                                                                                                   PARCE-L   G: THE. WEST 30 FE.E.T OF LOT .2. IN BLOCK liN THE       ORidiNAL                                                                                                                                                                                                                                FOLLOWS, TO-WITl COMME.NCIN~          AT THE. NORTH EAST    CORNER    OF THE
                                                                                                                                                 STEAD      SUe.DI'v'ISION, OF LOTS IS TO 2.0, IN !!.LOCK I OF THE.  ORIGINAL                                                                                      TOWN OF DEERFIELD. BEING. A SUBDIVISION OF A PART OF THE.             SOUTH .                                                                    PARCEL 10: LOT 13- JE.XCE.PT THAT PAR.T THERE. OF DESCRIB-ED AS FOLLOWS,                                                                                  WESTERLY 12.3 FE.E. T OF lHE. SOUTHE.RLY 33 FEET OF THE.         NORTHERLY ~6
                                                                                                                                                 TOWN OF DE.E.RriE.LD IN -THE. WEST 1/2: OF THE SOUTH WEST 1/4 OF SEC-                                                                                             WE.ST 1/4 OF S.E.CTIOOtJ 26, TOWNSHIP 43 NORTH. RANGE. 12.. E.AST OF THE.                                                                        TO-WIT~ BE.GINNINal AT THE. INTERSECTION OF THE SOUTHE.RLY         LINE. OF                                                                               FE. E. T OF LOT 14 JN B-LOCK I OF SAID ORIGiiNAL TOWN OF DE.E.RFIELD:
                                                                                                                                                 TION 2.8, TOWNSHIP 43 NORTH, RANGE. 12.. E.AST OF THE. THIRD PRINCIPAL                                                                                            THIRD FRINCIPAL ME-RIDIAN, ACC-ORDINt::l TO THE. PLAT THEREOF RE.CORDED i                                                                        SAID LOT AND THE. E-ASTE.RL'( LINE OF WAUK.EG.AN RAOD: THENCE NORTHERLY                                                                                   THENCE. NORTHEASTE.RL Y PARALLEL WITH THE. NORTHERLY LINE. OF SAID LOT
                                                                                                                                                 ME.RIDIAM, ACCORDINt"ii      TO THE. PLAT THE.RE.OF RECORDE-D      DE.CEMe.ER 11,                                                                                 ~~~6!s. 16,1857,1N P..OOK 27 OF DE.E.DS, PAG.E. 1&7,1N LAK.E.  COUNTY.      ,'                                                                   ALONGi      THE. EASTERLY UtJE. OF SAID WAUKE.G.AN ROAD, 4a FEET: THENCE.
                                                                                                                                                 15.2.2, AS DOCUMENT 218864, JN B.OOK 'L' OF PLATS, PAGE. 46 IE.XCEPT                                                                                                                                                                                                                                                                                                                                                                                                         14 TO THE. EASTERLY LINE THE.REOF1 THENCE. NORTHWESTERLY ALONe.              SAID
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    E.ASTE.RL Y PARALLEL TO THE. .SOUTHE.RL Y LINE. OF SAID LOT 13,102. FEET:                                                                                 EASTERLY LINE. OF LOT 14, 3 FE.E.T TO THE NORTH EAST CORNER OF LOT
                                                                                                                                                 THE E.AST 25.00 FE.E.T THE.RE.OFI,IN LAKE. COUNTY. ILLINOIS.                                                                                                                                                                                                                                                       THE.NCE. SOUTHEASTERLY 45 FE.E.T TO A POINT "ON THE SOUTHERLY LINE.             OF
                                                                                                                                                                                                                                                                                                                   PARCEL         7~   LOT Z IE.XGE.PT THE. WE.ST 30 FE.E.T THE.RE.OFl AND   LOT   3                                                                                                                                                                                                                          14, THENCE.     EAST 71 FE.E.T: THENCE SOUTH 45 FEET: THENCE      WEST   71
                                                                                                                                                 PARCE.L     3: THOSE PARTS OF THE. SOUTH WE.ST 1/4            OF THE. SOUTH       WEST                                                                            IE.XCE.PT THAT PART THEREOF DE.SCRIB.ED AS FOLLOWS, TO-WIT: COMME-NC-                                                                            SAID     LOT 13.102 FE.E.T EASTERLY OF THE. POINT     OF BE.c.=:iiNNING  AND                                                                              FE.E.t, MORE OR LESS, TO A !=OINT OF INTERSECTION Of SAID LINE          WITH
                                                                                                                                                 1/4 dF SECTION 2.8. TOWNSHIP 43 NORTH. RANG.E. 12:. EAST OF THE.- THIRD                                                                                           ING AT THE. SOUTH EAST CORNER OF SAID LOT 3: THENCE WEST ALONG THE                                                                               THENCE WE.STE.RL Y ON THE. SOUTHE.RL Y LINE. OF SAID LOT 13, 102. FEET TO                                                                                 THE. E:AS.TE.RLY LINE. EXTENDED SOUTHE.RL Y OF THE WE.STE.RL Y 12.3 FEE. T     OF
                                                                                                                                                 m.INCIPAL ME.R.IDIAN. DESCRIBED AS FOLLOWS: Bf.GINNINU AT THE. SOUTH                                                                                              SOUTH LINE. THEREOF, 42:.7G FE.E.T. MORE. OR LESS, TO THE.          MOST   WEST-                                                                 THE.    !=OINT OF.BE.&INNING AND -LOT 14 /EXCEPT THE. NORTHERLY 3G FE.ET                                                                                  THE. SOUTHE-RLY 33 FEET OF THE. NORTHERLY 36 FE.E.T OF LOT 14 IN SAID
                                                                                                                                                 WE.ST CORNER          OF LOT 2.G IN OWNE-RS HOMESTE-AD       SUBDIVISION: THE.NCE.                                                                                ERLY FACE. OF THE EXISTING. B.RICK BUILDING AS IT STOOD ON JUNE.               14,                                                               THERE.OFIIN BLOCK I IN THE ORIGINAL TOWN OF DEERFIELD, ACCORDING                                                                                          BLOCK: THENCE       NORTHWE.STERL Y TO THE. POINT OF I!>E.aiiNNING   IN LAKE.
                                                                                                                                                 NORTH     ALONG.       THE. WE.ST LINE. OF SAID LOT .2.6, 7G.Be. FE.E.T, MORE.   OR                                                                               la56 ON THE. E.A.ST PART OF SAID LOT 3; THENCE NORTHERLY 13.2.              FE.ET,                                                               TO THE PLAT THEREOF RECORDED MARCH 16, 1857, IN B-OOK .2.7 OF DE.E.DS,                                                                                    C-OUNTY, ILLINOIS.
                                                                                                                                                 LESS, TO THE. NORTH WEST CORNER OF SAID LOT 2.&: THE.NCE. WE.ST ALONG                                                                                             MORE       OR LE.SS, TO A POINT ON THE NORTH LINE. OF SAID LOT 3, 43.15                                                                          PAC; E.   IG7, IN THE. SOUTH WEST 1/4 OF THE. SOUTH WEST 1/4 OF SECTION
                                                                                                                                                 THE.   NORTH LINE. OF SAID LOT 2.0 IN OWNE.RS         HOMESTE-AD        SUBDIVISION,                                                                              FE.ET. MORE. OR LESS, WE.ST OF THE. NORTH EAST CORNER OF SAID LOT                  !.                                                            Z8, TOWNSHIP 43 NORTH, RANG.E 12, E.AST OF THE.       THIRD  PRINCIPAL
                                                                                                                                                 2.5.00   FE.E. T: THE.NCE. SOUTH ALONG. A LINE. 2.5.00 FEET         WEST OF AND                                                                                   {SAID      LAST DESCRIB-ED COURSE BE.IN6l COINCIDENT WITH THE. WE..£T        FACE.                                                               MERIDIAN AND ALSO THAT PART OF THE SOUTH WEST 1/4 OF THE.                  SOUTH
                                                                                                                                                 PARALLEL WITH SAID WE.ST LINE. OF LOT 2.6 AND SAID WEST LINE. EXTEND-                                                                                             OF THE          BRICK     BUILDING ON LOTS 4. 5 AND PART OF SAID         LOT   3):                                                               WEST      114 OF SECTION 2:5, TOWNSHIP AND RANGE. AFORE-SAID, DESCRIBED
                                                                                                                                                 ED    STRAIGHT SOUTH,\13.52 FE.E.T, MORE. ·OR LE.S.S, TO A !=OINT ON AN                                                                                           THE.NCE. E.AST ALONG. THE. NORTH LINE. OF SAID LOT 3, 43.18 FE.E.T, MORE.                                                                        A.S I'"OLLOW.S, TO-WIT: COMMENCING. AT THE NORTH EAST CORNER OF SAID
                                                                                                                                                 EAST-WEST        LINE. PARALLEL WITH THE. SOUTH LINE OF AFORESAID LOT 20                                                                                          OR LE.SS, TO THE. NORTH E.AST CORNER OF SAID LOT ~;AND THE.NCE. SOUTH                                                                            LOT 14 IN BLOCK liN ORICiJNAL TOWN OF DEERFIELD; THENCE EAST .2..~~
                                                                                                                                                 AND    PASSIN6 THROU6H THE. NORTHE.AS.TERL Y COR.NER OF SAID LOT 14                   IN                                                                          ALONG.        THE.     E.AST  LINE. OF SAID LOT 3,132 FE.E.T TO    THE.  POINT   OF                                                              CHAINS: THENC-E. SOUTH TO THE NORTH LINE OF LOT 5 IN SAID BLOCK              1:
                                                                                                                                                 E:.LOCK   1 OF THE. PLAT OF THE. TOWN OF DE.E.RFIE.LD; THENCE. EAST            ALONt"ii                                                                           2.E.G.INNING.     IN I!>LOCK liN THE. FRIG.INAL TOWN OF DEERFIELD, IN THE.                                                                       THENCE       WEST ON THE. NORTH LINE. OF LOTS 2..,3,4 AND 5 OF SAID       NLOCK

                                                                                                                                                 TENDED .STRAIGHT SOUTH: AND THENCE. NORTH ALONG. SAID EXTENDED         WEST                                                                                       NORTH. RANGiE. 1.2. .. E.A.ST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDIN5                                                                         THENCE. NORTHWE..STERL Y ALONGi THE. EASTE.RL Y LINE. OF SAID LOTS 13 AND
                                                                                                                                                 LINE OF LOT 2.C, 3C.65 FEET, MORE OR LESS, TO THE. CORNER OF B-E.e.IN-                                                                                            TO THE. PLAT THE.RE.OF RECORDED MARCH 16, 1857, 12.00K 2.7 OF DEEDS.                                                                             14 TO THE. POINT OF B.E.CIINNIG IE.XCE.PT THAT PART OF SAID LOT 14 AND
                                                                                                                                                 NINCi,IN -LAKE COUNTY. ILLINOIS.                                                                                                                                  PAGiE. IE.?, IN LAKE COUNTY, ILLINOIS.




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                                    REQUEST FOR BOARD ACTION

                                                                          Agenda Item: 13-02_________


Subject                Ordinance Amending Article 12 (Special Purpose Boards and Commissions) of
                       Chapter 2 (Administration) of the Municipal Code of the Village of Deerfield re:
                       Sustainability Commission Membership

Action Requested:      First Reading

Originated By:         Sustainability Commission

Referred To:           Village President and Board of Trustees

Summary of Background and Reason for Request

Much of what the Sustainability Commission works on has an impact on the entire community, and for that
reason the Sustainability Commission is recommending a change to the Code of Ordinances that would
allow for people who represent Deerfield based businesses to be represented on the Commission. The
Commission is recommending that no more than 1/3 of Commission, or 3 members, could be corporate
members at any one time.

Jennifer Maltas, Assistant to the Village Manager, will be available at the meeting to answer any questions.




Reports and Documents Attached:

Sustainability Commission Minutes
Ordinance

Date Referred to Board: January 7, 2013


                                       Action Taken: _________________________________________
                                    DRAFT MEETING MINUTES
                                  SUSTAINABILITY COMMISSION
                                        December 13, 2012

The Sustainability Commission met in Community Conference Room of the Village at 7:00 p.m. on
Thursday, December 13, 2012. In attendance were:

Present:
Matt Wylie, Chair
Don Anderson
Amy Parker
Jerry Witkovsky
Brian Wolkenberg

Absent:
Laurie Leibowitz
Mike Loeffl
Glen Schwartz
Stephanie Chambers, Deerfield High School Teacher
Alex Behn, Earthworks Representative
Alexis Lavalliere, Earthworks Representative

Also Present:
Jennifer Maltas, Assistant to the Village Manager
Alan Farkas, Village Trustee

Approval of Minutes
A motion to approve the November 8, 2012 meeting minutes was made by Commissioner Anderson
and seconded by Commissioner Parker. Motion approved; 5-0.

Public Comment
No one was present for public comment.

Deerfield High School Earthworks Update
No one from Earthworks was present to provide an update.

Third Review of Construction Recycling Ordinance
Ms. Maltas stated that she made the changes requested at the last meeting and specifically pointed out the
language on the compliance report. The Commission members were happy with the changes.
Commissioner Anderson was concerned that since there a construction recycling facility in Northbrook
that is owned by the family that owns the Italian Kitchen and that it is likely that most of the materials to
be recycled according to the new ordinance will go there, he wanted to be sure there was no appearance of
impropriety. Commissioner Parker noted that several municipalities in the area have this ordinance in
place already and that the industry is moving towards more recycling which will increase competition.
Ms. Maltas also noted that this ordinance is part of the 60% Recycling Task Force Report that the
Commission and Village Board approved and that the Village Board has been asking about this type of
regulation for some time. Commissioners felt that Commissioner Anderson’s point was a good one, but
that the Village is not initiating this regulation for any inappropriate reason. A motion to recommend
the construction recycling ordinance to the Village Board was made by Commissioner Parker and
seconded by Commissioner Wolkenberg. Motion approved; 5-0. Ms. Maltas noted that this ordinance
will be before the Village Board for a first reading at the first meeting in January.
Proposal to Change Commissioner Eligibility
Ms. Maltas indicated that when speaking with businesses in town she has asked if members of the
businesses who work on sustainability were Deerfield residents so they could potentially join the
Commission and thus far the corporate residents are not Deerfield residents. Ms. Maltas stated that much
of what the Commission works on has an impact on the entire community and it would be great to have
business voices on the Commission. Ms. Maltas proposed an amendment to the code that would allow for
corporate residents to be voting members of the Commission, but that the number of corporate residents
could not exceed a certain number. The Commission felt that this was a great idea and recommended that
no more than 1/3 of Commission, or 3 members, could be corporate members at any one time.
Commissioner Anderson made a motion to recommend an ordinance to the Village Board that
would allow corporate residents to serve as voting members of the Commission but that no more
than 1/3 of the Commission members would be corporate members and Commissioner Parker
seconded the motion. Motion passed; 5-0. Ms. Maltas noted that this ordinance will be before the
Village Board for a first reading at the first meeting in January.

Commercial Franchising Update
Ms. Maltas reported that the Village Board has given staff the go ahead to work on and issue the RFP as
recommended by the Commission. Staff is currently working with the Chamber of Commerce to appoint
a steering committee to work with Deerfield on the process. Ms. Maltas also reported there is a national
group that represents haulers who are opposed to franchising that has issued a press release to local press
against the Village’s plan.

Electric Car Charging Stations
Ms. Maltas reported that at the last Committee of the Whole meeting the Village Board gave staff the go
ahead to continue working with members of the Aggregation Consortium on bidding out potential
charging stations together. The Village is looking at two Village owned lots that support retail to place
charging stations. Trustee Farkas was present to discuss a proposal to host an EV Car Forum. Trustee
Farkas proposed hosting a half day session this Spring that would feature information from manufacturers
of the vehicles, information on infrastructure needed to make the cars more functional, and an educational
component that addresses the costs associated with the vehicles and how sustainable electric vehicles
really are. The Commission was fully supportive of the idea. Commissioners Parker and Wolkenberg
volunteered to work on a committee to plan the event. Trustee Farkas will also work on the Committee.
Ms. Maltas will reach out to the library to get a few representatives and also talk to Walgreens and the
Hyatt.

Commission Comments
Commissioner Wolkenberg noted he was in contact with a company that is working with ComEd to
revamp their electricity bills and shared with the Commission a website that features what the new bills
might look like. Commissioner Parker asked for feedback from the Commission on the next D-Tales
article. Ms. Maltas noted that Whole Foods has provided coupons for the Village to place in a mailer to
Green Power Program participants and Ms. Maltas is hoping to get the letters out in the next month.

Next Meeting Date and Time
The next meeting date will be January 10th at 7PM in the Community Conference Room

Adjournment
The meeting was adjourned at 8:23.

Respectfully Submitted,
Jennifer Maltas
Assistant to the Village Manager
                            VILLAGE OF DEERFIELD
                      LAKE AND COOK COUNTIES, ILLINOIS

______________________________________________________________________________

                                   ORDINANCE NO. 13-

         AN ORDINANCE AMENDING ARTICLE 12 (SPECIAL PURPOSE
       BOARDS AND COMMISSIONS) OF CHAPTER 2 (ADMINISTRATION)
         OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
         REGARDING SUSTAINABILITY COMMISSION MEMBERSHIP


______________________________________________________________________________




                                        PASSED AND APPROVED BY THE
                                        PRESIDENT AND BOARD OF TRUSTEES
                                        OF THE VILLAGE OF DEERFIELD, LAKE
                                        AND COOK COUNTIES, ILLINOIS, this

                                        _________ day of ________________, 2013.



Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
_____ day of ____________, 2013.
                            VILLAGE OF DEERFIELD
                     LAKE AND COOK COUNTIES, ILLINOIS
______________________________________________________________________________

                                ORDINANCE NO. __O-13-__

          AN ORDINANCE AMENDING ARTICLE 12 (SPECIAL PURPOSE
        BOARDS AND COMMISSIONS) OF CHAPTER 2 (ADMINISTRATION)
          OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
          REGARDING SUSTAINABILITY COMMISSION MEMBERSHIP


______________________________________________________________________________

       WHEREAS, the Sustainability Commission has been meeting for approximately three

years; and,

       WHEREAS, the Commission has recommended a revision to membership eligibility

allowing individuals employed by corporations or businesses located in the Village of Deerfield

(“corporate residents”) to be voting members of the Commission;

       NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,

       in the exercise of its home rule powers, as follows:

       SECTION 1: That Section 2-158 (Duties and Functions) of Article 12 (Special Purpose

Board and Commissions) of Chapter 2 (Administration) of the Municipal Code of the Village of

Deerfield, as amended, be and the same is hereby further amended to read as follows (additions are

indicated by underscoring and deletions are indicated by strikethrough markings):

              Sec. 2-158 (a)(3)(B): Membership And Terms of Appointment

(B) Membership And Terms Of Appointment: The sustainability commission shall consist of
persons with a demonstrated interest in the sustainable use and reuse of resources, considering
environmental, economic and social demands. The sustainability commission shall consist of twelve
nine (12 9) voting members appointed pursuant to section 2-157 of this chapter, and such ex officio
members as the president and board of trustees may deem necessary from time to time. Individuals
employed by corporations and businesses located in Deerfield (“corporate residents”) are eligible to
serve as voting members on the Commission; however, no more than one-third of the Commission
members shall be corporate residents at any one time. All members shall be appointed for a term of
three (3) years. Initially, four (4) members shall be appointed for a term of three (3) years, four (4)
members for a term of two (2) years, and four (4) members for a term of one year. All appointments
thereafter shall be for a period of three (3) years, as provided in section 2-157 of this chapter.

        SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative

act of a home rule municipality without regard to whether such Ordinance should: (a) contain terms

contrary to the provisions of current or subsequent non-preemptive state law; or, (b) legislate in a

manner or regarding a matter not delegated to municipalities by state law. It is the intent of the

corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance

should be inconsistent with any non-preemptive state law, this Ordinance shall supersede state law

in that regard within its jurisdiction.

        SECTION 5: That this Ordinance shall be in full force and effect from and after its

passage, approval and publication in pamphlet form as provided by law.

        PASSED this ___ day of ____________________, 2013.

        AYES:

        NAYS:

        ABSENT:

        ABSTAIN:

        APPROVED this ____ day of ______________________, 2013.

                                              ______________________________
                                                    Village President
ATTEST:
____________________________
      Village Clerk
                                    REQUEST FOR BOARD ACTION

                                                                           Agenda Item: 13-03_________

Subject:               The Village of Deerfield Construction and Demolition Debris Diversion Ordinance

Action Requested:      First Reading

Originated By:         Sustainability Commission

Referred To:           Village President and Board of Trustees

Summary of Background and Reason for Request

As a part of the SWALCO 60% Recycling Task Force Report, the Village committed to looking into the
potential of implementing a construction and demolition debris diversion ordinance. Staff worked with the
Sustainability Commission to research the ordinance and policies that go along with it which included
talking to other municipalities in the area that have this ordinance in place. The attached ordinance was
reviewed for several months by the Sustainability Commission and a recommendation to approve the
attached ordinance was made by the Commission at their December meeting. Major components include:

   •   The requirement to divert material to a recycling facility is tripped when a new principal structure is
       built, there is a demolition of a principal structure, or the renovation or demolition is 1,500 square feet
       or larger.
   •   Beginning March, 2013 through December 31, 2013, at least 50% of construction and demolition
       debris shall be diverted. After January 1, 2014, at least 75% of construction and demolition debris
       shall be diverted. This allows the Village to ease into the program and is consistent with what
       neighboring communities have done. Both Highland Park and Northbrook require 75% diversion
       rates.
   •   If the project trips the requirement to divert material, when submitting a permit the applicant must
       provide to the Village the name and contact information for their Recycling Agent and indicate how
       much material is to be diverted. Five businesses days prior to the final inspection the applicant
       must provide confirmation from their Recycling Agent that the material indicated to be recycled
       was in fact recycled.
   •   A Certificate of Occupancy will not be issued until the required reports are turned in or until the
       fines associated with this ordinance are paid.
   •   Exceptions can be granted but not on the basis of cost. Exceptions can be granted if the conditions
       of the project make complying with the ordinance impractical and do not set precedence.

Jennifer Maltas, Assistant to the Village Manager, will be available at the meeting to answer any questions.

Reports and Documents Attached:

Sustainability Commission Minutes and Survey
Ordinance

Date Referred to Board: January 7, 2013


                                       Action Taken: _________________________________________
                    Construction Recycling Ordinance Survey

NORTHBROOK –

Trigger:
(1) construction of new structures of 2,000 sq. ft. or more of gross floor area
(2) renovations of 10,000 sq. ft. or more of gross floor area
(3) demolition of 1,500 sq. ft. or more of gross floor area

HIGHLAND PARK –

Trigger:
(1) construction of a new principal residence
(2) renovation and/or addition of more than 2500 sq. ft.
(3) demolition of a principal structure. “Demolition” means removal or destruction of
50% or more of the structure.

SCHAUMBURG –

Trigger:
Where the cost of the construction, alteration or addition where structural elements are
involved exceeds the sum of ten thousand dollars ($10,000.00)

CHICAGO –

Trigger:
(1) construction of a new residential building with four or more units.
(2) construction of a new non-residential building, other than projects for which the total
square footage is 4,000 sq. ft. or less.
(3) Any rehabilitation of a building that will require a certificate of occupancy
(4) demolition of a residential building with four or more units that includes the
demolition of at least one outside wall.
(5) demolition of a non-residential building, other than projects for which the total square
footage is 4,000 sq. ft. or less.

GRAYSLAKE –

Trigger:
(1) construction of new structures of 2000 sq. ft. or more of gross floor area
(2) renovations of 2000 sq. ft. or more of gross floor area
(3) any size of demolition
(4) any residential or commercial construction or renovation project of four or more
individual units
WINNETKA –

Trigger:
(1) construction of new structures of 2,000 sq. ft. or more of gross floor area
(2) renovations of 10,000 sq. ft. or more of gross floor area
(3) demolition of 1,500 sq. ft. or more of gross floor area
                                  APPROVED MEETING MINUTES
                                  SUSTAINABILITY COMMISSION
                                         October 18, 2012

The Sustainability Commission met in Community Conference Room of the Village at 7:00 p.m. on
Thursday, October 18, 2012. In attendance were:

Present:
Matt Wylie, Chair
Don Anderson
Laurie Leibowitz (arrived 7:15)
Mike Loeffl
Amy Parker
Glen Schwartz
Brian Wolkenberg
Alex Behn, Earthworks Representative
Alexis Lavalliere, Earthworks Representative

Absent:
Jerry Witkovsky
Stephanie Chambers, Deerfield High School Teacher

Also Present:
Jennifer Maltas, Assistant to the Village Manager
Sonia, College of Lake County

Approval of Minutes
A motion to approve the August 9, 2012 meeting minutes was made by Commissioner Anderson
and seconded by Commissioner Schwartz. Motion approved; 6-0.

Public Comment
Sonia, a student at the College of Lake County and Deerfield resident, was present at the meeting to
observe. She was interested in hearing about what the Commission was working on.

Deerfield High School Earthworks Update
Mr. Behn and Ms. Lavalliere reported that the water bottle filling stations that the Commission helped
sponsor were a big hit with the students. One is by the library and the other is by fine arts. The students
indicated that one of the counters that tracks how many bottles of water did not go into the landfill due to
the use of the station was at 5,000.

Participation in Community Services Day
Ms. Maltas reported that the Commission’s booth at Community Services Day had a lot of information.
There were a lot of materials given away from SWALCO’s Recycle First Trash Last campaign such as t-
shirts, stickers, and magnets. Additionally, the Commission handed out information on the Green Power
Program and also handed out the remainder of the recyclable frisbees from last year. mc2 was present to
talk to people who had questions about the Green Power Program. Commissioner Parker suggested that
next year the Commission consider handing out smaller recycling bins that people can put in other rooms
of their home to increase recycling outside of the kitchen.
Letter to Green Power Participants
Ms. Maltas asked if anyone had feedback on the letter that was distributed to everyone that would be sent
to participants in the Green Power Program. A few comments were received. Ms. Maltas said that she is
waiting to hear back from Whole Foods on sponsorship but thinks that they will be able to add a coupon
to the mailing as a gift for participating.

Commercial Franchising Update
Ms. Maltas reported that she gave a presentation to the Chamber Board about the commercial franchising
opportunity. The Board did not want to vote on whether the Village should move forward with the RFP,
but they did provide a letter to the Village with several suggestions including creating a committee from
the chamber that would work with staff on the RFP process. Staff will be working with the chamber as
the process moves along. Ms. Maltas stated that there have been some issues getting a date that works for
all the Village Board members for Committee of the Whole, but she will let the Commission know when
a date is set.

Review of Composting Regulations
The Commissioners discussed the size of compost piles and decided that the current ordinance language
allows for discretion by staff on the size as the regulations require a ‘well managed pile’ and also indicate
that it should not be a nuisance to neighbors. Commissioner Parker made a motion to recommend the
composting ordinance to the Village Board and Commissioner Schwartz seconded the motion.
Motion passed; 7-0.

First Review of Construction Recycling Ordinance
Ms. Maltas presented the draft construction recycling ordinance to the Commission. The Commission
had several comments and suggestions for the ordinance and also sought additional information. The
Commission felt there should be a basic diversion plan required at the time of permit submittal, even if it
was just the name of the vendors that were going to be used to recycle the material. Ms. Maltas said she
would talk to the Building Division and come up with a reasonable plan. The Commission also wanted to
ensure that property owners knew about this requirement and the potential penalties associated with not
complying before it became too late and the project was complete. Ms. Maltas indicated she would talk
to the Building Division and ensure that if this ordinance goes into place that they will communicate with
residents about this. The Commission also asked for clarification on how hazmat material was handled as
well as what the average size of home renovations have been over the last three years to get an idea of the
impact of the ordinance. The Commission was unsure about the penalties and Ms. Maltas asked the
Commission to give some thought to what might be appropriate before the next meeting. The
Commission also wanted clarification on the definition of alternate daily cover. Ms. Maltas will come
back to the Commission with this information at the next meeting.

Commission Comments
There were no Commission comments.

Next Meeting Date and Time
The next meeting date will be November 8 at 7PM in the Community Conference Room

Adjournment
The meeting was adjourned at 8:45.

Respectfully Submitted,
Jennifer Maltas
Assistant to the Village Manager
                                 APPROVED MEETING MINUTES
                                 SUSTAINABILITY COMMISSION
                                       November 8, 2012

The Sustainability Commission met in Community Conference Room of the Village at 7:00 p.m. on
Thursday, November 8, 2012. In attendance were:

Present:
Matt Wylie, Chair
Don Anderson
Laurie Leibowitz
Amy Parker
Glen Schwartz
Jerry Witkovsky
Brian Wolkenberg (arrived at 7:10PM)

Absent:
Mike Loeffl
Stephanie Chambers, Deerfield High School Teacher
Alex Behn, Earthworks Representative
Alexis Lavalliere, Earthworks Representative

Also Present:
Jennifer Maltas, Assistant to the Village Manager

Approval of Minutes
A motion to approve the October 18, 2012 meeting minutes was made by Commissioner Anderson
and seconded by Commissioner Parker. Motion approved; 6-0.

Public Comment
No one was present for public comment.

Deerfield High School Earthworks Update
No one from Earthworks was present to provide an update.

Second Review of Construction Recycling Ordinance
Ms. Maltas presented the changes as discussed at last month’s meeting. She showed the Commission a
survey done of surrounding communities that showed what size of a project triggers the requirement to
divert materials to a recycling facility. The Commission felt that a square footage requirement was
important to have but felt that the 2,500 square feet originally proposed was too high and would not
capture any residential projects other than a tear down and rebuild. After much discussion, it was decided
to reduce the square footage down to 1,500 square feet so that some residential projects would be required
to recycle – but only larger scale projects. The Commission also felt the fees were too low and asked for
them to be increased to ensure compliance. Ms. Maltas reported that she had a conversation with the
Building Division who expressed that many of the builders that work in Deerfield also work in
Northbrook and Highland Park where these requirements are already in place and they felt that the
builders would not have a hard time complying. Ms. Maltas indicated that the Building Division was
worried about the work load associated with ensuring compliance as the Division is a very lean operation.
For that reason, the Commission agreed that streamlining the compliance requirements was important.
The Commission asked that if the ordinance is approved by the Village Board, that staff begin tracking
how much material was diverted over time and how many projects were required to comply with the
ordinance so that we can monitor its success over the next year. Ms. Maltas indicated she would make
the changes discussed at tonight’s meeting and will bring the ordinance back for final review at the
December meeting.

Review of Composting Regulations
Ms. Maltas indicated that after a second review of the composting ordinance, Staff and the Village
Attorney has requested that some limits on the size of compost piles and bins be included in the
ordinance. The Commissioners agreed this was a good idea. Commissioner Wylie made a motion to
modify the ordinance the Commission is recommending to the Village Board to include size
requirements that Staff felt were appropriate and Commissioner Parker seconded the motion.
Motion passed; 7-0.

Commission Comments
Commissioner Anderson gave the Commission an overview on the Northwest Quadrant Task Force’s
progress thus far, as he is the Commissioner representing the Sustainability Commission on the Task
Force.

Next Meeting Date and Time
The next meeting date will be December 13 at 7PM in the Community Conference Room

Adjournment
The meeting was adjourned at 8:10.

Respectfully Submitted,
Jennifer Maltas
Assistant to the Village Manager
                                    DRAFT MEETING MINUTES
                                  SUSTAINABILITY COMMISSION
                                        December 13, 2012

The Sustainability Commission met in Community Conference Room of the Village at 7:00 p.m. on
Thursday, December 13, 2012. In attendance were:

Present:
Matt Wylie, Chair
Don Anderson
Amy Parker
Jerry Witkovsky
Brian Wolkenberg

Absent:
Laurie Leibowitz
Mike Loeffl
Glen Schwartz
Stephanie Chambers, Deerfield High School Teacher
Alex Behn, Earthworks Representative
Alexis Lavalliere, Earthworks Representative

Also Present:
Jennifer Maltas, Assistant to the Village Manager
Alan Farkas, Village Trustee

Approval of Minutes
A motion to approve the November 8, 2012 meeting minutes was made by Commissioner Anderson
and seconded by Commissioner Parker. Motion approved; 5-0.

Public Comment
No one was present for public comment.

Deerfield High School Earthworks Update
No one from Earthworks was present to provide an update.

Third Review of Construction Recycling Ordinance
Ms. Maltas stated that she made the changes requested at the last meeting and specifically pointed out the
language on the compliance report. The Commission members were happy with the changes.
Commissioner Anderson was concerned that since there a construction recycling facility in Northbrook
that is owned by the family that owns the Italian Kitchen and that it is likely that most of the materials to
be recycled according to the new ordinance will go there, he wanted to be sure there was no appearance of
impropriety. Commissioner Parker noted that several municipalities in the area have this ordinance in
place already and that the industry is moving towards more recycling which will increase competition.
Ms. Maltas also noted that this ordinance is part of the 60% Recycling Task Force Report that the
Commission and Village Board approved and that the Village Board has been asking about this type of
regulation for some time. Commissioners felt that Commissioner Anderson’s point was a good one, but
that the Village is not initiating this regulation for any inappropriate reason. A motion to recommend
the construction recycling ordinance to the Village Board was made by Commissioner Parker and
seconded by Commissioner Wolkenberg. Motion approved; 5-0. Ms. Maltas noted that this ordinance
will be before the Village Board for a first reading at the first meeting in January.
Proposal to Change Commissioner Eligibility
Ms. Maltas indicated that when speaking with businesses in town she has asked if members of the
businesses who work on sustainability were Deerfield residents so they could potentially join the
Commission and thus far the corporate residents are not Deerfield residents. Ms. Maltas stated that much
of what the Commission works on has an impact on the entire community and it would be great to have
business voices on the Commission. Ms. Maltas proposed an amendment to the code that would allow for
corporate residents to be voting members of the Commission, but that the number of corporate residents
could not exceed a certain number. The Commission felt that this was a great idea and recommended that
no more than 1/3 of Commission, or 3 members, could be corporate members at any one time.
Commissioner Anderson made a motion to recommend an ordinance to the Village Board that
would allow corporate residents to serve as voting members of the Commission but that no more
than 1/3 of the Commission members would be corporate members and Commissioner Parker
seconded the motion. Motion passed; 5-0. Ms. Maltas noted that this ordinance will be before the
Village Board for a first reading at the first meeting in January.

Commercial Franchising Update
Ms. Maltas reported that the Village Board has given staff the go ahead to work on and issue the RFP as
recommended by the Commission. Staff is currently working with the Chamber of Commerce to appoint
a steering committee to work with Deerfield on the process. Ms. Maltas also reported there is a national
group that represents haulers who are opposed to franchising that has issued a press release to local press
against the Village’s plan.

Electric Car Charging Stations
Ms. Maltas reported that at the last Committee of the Whole meeting the Village Board gave staff the go
ahead to continue working with members of the Aggregation Consortium on bidding out potential
charging stations together. The Village is looking at two Village owned lots that support retail to place
charging stations. Trustee Farkas was present to discuss a proposal to host an EV Car Forum. Trustee
Farkas proposed hosting a half day session this Spring that would feature information from manufacturers
of the vehicles, information on infrastructure needed to make the cars more functional, and an educational
component that addresses the costs associated with the vehicles and how sustainable electric vehicles
really are. The Commission was fully supportive of the idea. Commissioners Parker and Wolkenberg
volunteered to work on a committee to plan the event. Trustee Farkas will also work on the Committee.
Ms. Maltas will reach out to the library to get a few representatives and also talk to Walgreens and the
Hyatt.

Commission Comments
Commissioner Wolkenberg noted he was in contact with a company that is working with ComEd to
revamp their electricity bills and shared with the Commission a website that features what the new bills
might look like. Commissioner Parker asked for feedback from the Commission on the next D-Tales
article. Ms. Maltas noted that Whole Foods has provided coupons for the Village to place in a mailer to
Green Power Program participants and Ms. Maltas is hoping to get the letters out in the next month.

Next Meeting Date and Time
The next meeting date will be January 10th at 7PM in the Community Conference Room

Adjournment
The meeting was adjourned at 8:23.

Respectfully Submitted,
Jennifer Maltas
Assistant to the Village Manager
                           VILLAGE OF DEERFIELD
                      LAKE AND COOK COUNTIES, ILLINOIS

______________________________________________________________________________

                                   ORDINANCE NO. 13-

                   THE VILLAGE OF DEERFIELD CONSTRUCTION
               AND DEMOLITION DEBRIS DIVERSION ORDINANCE


______________________________________________________________________________




                                        PASSED AND APPROVED BY THE
                                        PRESIDENT AND BOARD OF TRUSTEES
                                        OF THE VILLAGE OF DEERFIELD, LAKE
                                        AND COOK COUNTIES, ILLINOIS, this

                                        _________ day of ________________, 2013.



Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
_____ day of ____________, 2013.




                                          -1-
                           VILLAGE OF DEERFIELD
                    LAKE AND COOK COUNTIES, ILLINOIS
______________________________________________________________________________


                              ORDINANCE NO. _____________

                   THE VILLAGE OF DEERFIELD CONSTRUCTION
                 AND DEMOLITION DEBRIS DIVERSION ORDINANCE

______________________________________________________________________________

       WHEREAS, the Village of Deerfield regulates building construction and demolition to

secure the public health, safety and welfare from hazards incident to the construction,

improvement, occupation and demolition of buildings and structures within the Village; and

       WHEREAS, the construction and demolition of buildings and structures in the Village

generates a significant quantity of construction debris and waste material; and

       WHEREAS, the disposal of construction and demolition debris creates pollution and

imposes burdens on area landfills, and thereby poses a significant threat to the environmental

health and welfare of the Village and the general public health, safety and welfare of the

residents and businesses of the Village; and

       WHEREAS, the corporate authorities of the Village of Deerfield have determined that

the recycling of construction and demolition debris and materials can substantially reduce the

adverse effects of the disposal of such debris and materials; and

       WHEREAS, the corporate authorities of the Village of Deerfield have further

determined that it is in the best interests of the Village and its residents that waste and debris

materials generated by the construction and demolition of buildings and structures within the

Village, that would otherwise be discarded, should be recovered for the purpose of recycling and

return to the economy for reuse; and



                                                -2-
       WHEREAS, the corporate authorities of the Village of Deerfield have further

determined that it is in the best interests of the Village and its residents to require the diversion

and recycling of debris generated by the construction and demolition of structures and buildings

in the Village as provided herein;

       NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,

ILLINOIS, in the exercise of its home rule powers, as follows:

       SECTION 1: The above and foregoing recitals, being material to this Ordinance, are

incorporated and made a part of this Ordinance by this reference.

       SECTION 2:        That Chapter 6 (“Building”) of the Municipal Code of the Village of

Deerfield, as amended, be and the same is hereby further amended to add the following as

Article 14 thereof:


      ARTICLE 14. CONSTRUCTION AND DEMOLITION DEBRIS DIVERSION.

       Sec. 6-83.    Short Title: Article 14 shall be known, and may be cited, as the Village
       of Deerfield Construction and Demolition Debris Diversion Ordinance.

       Sec. 6-84.     Purpose: The purpose of this Article is to establish requirements for
       recycling and salvaging of construction and demolition debris and waste to:

               (1)     regulate the disposal of construction and demolition waste generated at the
               source;
               (2)     recover materials generated by the construction and demolition of
               buildings that would otherwise be discarded for the purpose of recycling and
               return them to the economy for reuse; and,
               (3)     promote sustainable building practices.

       Sec. 6-85.     Definitions: For the purposes of this Article, the following words or
       phrases shall have the following meaning, except when the context otherwise indicates:

               (1)    “Construction” means all on-site work done in building new structures,
               additions, or remodeling of existing structures from land clearance to completion,



                                                -3-
including, without limitation, excavation, erection, and the assembly and
installation of components and equipment.

(2)     “Construction and Demolition Debris” or “C&D Debris” means non-
hazardous, uncontaminated materials resulting from the construction, remodeling,
repair, and demolition of buildings and structures, limited to the following:
bricks, concrete, and other masonry materials; soil; rock; wood, including non-
hazardous painted, treated and coated wood and wood products; wall coverings;
plaster; drywall; plumbing fixtures; non-asbestos insulation; roofing shingles and
other roof coverings; reclaimed or other asphalt pavement; glass; plastics that are
not sealed in a manner that conceals waste; electrical wiring and components
containing no hazardous substances; and corrugated cardboard, piping or metals
incidental to any of those materials.

(3)      “C&D Debris That is Processed for Use at a Landfill” means C&D debris
that is processed for use at a municipal solid waste landfill unit as alternative daily
cover, road building material or drainage structure building material in
accordance with the landfill’s waste disposal permit issued by the Illinois
Environmental Protection Agency.

(4)    “Covered Project” means any building construction, renovation, or
demolition activity that includes, without limitation, either: (a) the construction of
a new principal structure; (b) the demolition of a principal structure; or (c)
renovation and/or addition of more than 1,500 square feet.

(5)     “Demolition” means any act or process within the control of the owner of
a building or structure that results in the removal, razing, wrecking, tearing down
or destruction of 1,500 square feet or more of the building or structure as it
existed prior to the commencement of such act or process.

(6)    “Director” means the Code Enforcement Supervisor or his or her designee.

(7)     “Divert” or “Diversion” means to manage, sort and process C&D debris
into recyclable C&D debris, recovered wood that is processed for use as a fuel,
and/or C&D debris that is processed for use at a landfill.

(8)     “Inert Debris” means those materials which are virtually inert, such as
rock, brick, and concrete.

(9)     “Recovered Wood That is Processed for Use as Fuel” means wood that
has been salvaged from C&D debris and processed for use as fuel, as authorized
by applicable state or federal environmental regulatory authority, and supplied
only to intermediate processing facilities for sizing, or to combustion facilities for
use as fuel, that have obtained all necessary waste management and air permits for
handling and combustion of the fuel.



                                  -4-
       (10) “Recyclable C&D Debris” means C&D debris that has been rendered
       reusable and is reused or that would otherwise be disposed of or discarded but is
       collected, separated, processed and returned to the economic mainstream in the
       form of raw materials or products. “Recyclable C&D Debris” does not include
       either: (i) recovered wood that is processed for use as a fuel; or (ii) C&D Debris
       that is processed for use at a landfill.

       (11) “Recycle” or “Recycling” means to set aside, handle, process, package or
       offer for collection residential, commercial or industrial solid waste materials or
       by-products for the purpose of being reused or processed and then returned to the
       economic mainstream as useful products.

       (12) “Remodel” or “Renovation” means the improvement, alteration, repair, or
       reconstruction of an existing building or structure which requires a permit from
       the Village of Deerfield.

       (13) “Recycling Agent” means the contractor(s) the applicant will use on their
       project to divert and recycle the amount of material required in this article of the
       code.

Sec. 6-86.     Applicability: This Article applies to all covered projects within the
Village, except in any of the following circumstances:

       (1)     An immediate or emergency demolition is required to protect the public
       health, safety or welfare, as determined prior to such demolition by the Director
       of Building and Zoning or designee;

       (2)     An exception is granted pursuant to Section 6-90; or

       (3)     A valid building permit or demolition permit was issued for the covered
       project prior to March 1, 2013.

Sec. 6-87.    Condition of Approval for Building or Demolition Permits: No
building or demolition permit shall be issued for any covered project within the City that
does not comply with the provisions of this Section.

Sec. 6-88.   Diversion Requirements: Construction and demolition debris generated
by Covered Projects must be diverted in accordance with the following requirements:

       (1)    For all covered projects for which a building or demolition permit
       application is submitted to the City from March, 2013 through December 31,
       2013, at least 50% of construction and demolition debris shall be diverted.

       (2)    For all covered projects for which a building or demolition permit
       application is submitted on or after January 1, 2014, at least 75% of construction
       and demolition debris shall be diverted.


                                       -5-
Sec. 6-89.      Permit Application and Compliance:

       (1)    When submitting for a permit, the applicant must provide to the Village
       the name and contact information for their Recycling Agent(s) and indicate how
       much material will be diverted and recycled.

       (2)     Not less than five business days prior to the scheduled date for the final
       inspection, the applicant shall submit to the Director a confirmation from their
       Recycling Agent(s) that the material required to be recycled was in fact recycled
       and such additional information as the Director may require.

       (3)    No certificate of occupancy shall be issued for any property on which a
       covered project has been completed unless and until: (a) the confirmation as
       described in Section 6-89 (2) is received and approved by the Director; and (b) the
       applicant pays all penalties imposed for any violations of this Article.

Sec. 6-90.      Exceptions:

       (1)    Applicants seeking a partial or complete exception granting relief from the
       requirements of this Article must file an application with the Director on a form
       provided by the Village, which application must include, without limitation, a
       statement certifying that compliance with this Article is impracticable due to
       exceptional or extraordinary circumstances or conditions applicable to the
       covered project.

       (2)     The Director may grant the exception only if the Director finds all of the
       following:

             (a) There are exceptional or extraordinary circumstances or conditions
             applicable to the covered project that do not apply generally to covered
             projects and that make compliance with this Article impracticable;

             (b) Granting the exception will not constitute a grant of special privilege
             inconsistent with limitations imposed on similar covered projects; and

             (c) Cost to the applicant of strict compliance with this Article is not the
             primary reason for granting the exception.

Sec. 6-91.     Inspections, Inquiries and Audits: The Director may make any and all
inspections, inquiries, and audits as necessary to determine compliance with this Article.

Sec. 6-92.     Penalties: Any person who violates this Article shall be fined in the
amounts of $500 for the first offense, $1,000 for the second offense, and $2,500 for the
third and subsequent offenses. The number of offenses committed by a person shall be



                                        -6-
       calculated without consideration of the number of properties for or at which such
       offenses were committed.


       SECTION 3: That Section 1-30 (“Alternative Citations and Fines for Miscellaneous

Offenses”) of Chapter 1 (“General Provisions”) of the Municipal Code of the Village of

Deerfield be and the same is hereby amended to add the following violations as offenses which

may be settled, compromised and paid pursuant to Section 1-30:

       Violation                            Compromise                 Late Payment
                                              Amount                     Amount
       2. Chapter 6, Buildings:
       Construction and demolition             $ 250                    $ 500
       debris diversion (Section 6-92).


       SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative

act of a home rule municipality without regard to whether such Ordinance should: (a) contain

terms contrary to the provisions of current or subsequent non-preemptive state law; or, (b)

legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the

intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of

this Ordinance should be inconsistent with any non-preemptive state law, this Ordinance shall

supersede state law in that regard within its jurisdiction.

       SECTION 5: That this Ordinance shall be in full force and effect from and after its

passage, approval and publication in pamphlet form as provided by law.




                               [This Space Left Blank Intentionally]




                                                 -7-
      PASSED this _______ day of __________________________, 2013.

      AYES:

      NAYS:

      ABSENT:

      ABSTAIN:

      APPROVED this ________ day of _______________________, 2013.



                                      ________________________________
                                            Village President
ATTEST:


_____________________________
      Village Clerk




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