__
~
~ 7
~
BEFORE THE ILLINOIS POLLUTION CONTROL BOAIth~
CLERK’S
OFFICE
MAY
012003
SOLID WASTE AGENCY OF NORTHERN
)
STATE
OF
ILLiNOIS
COOK COUNTY,
)
Pollution Control Board
)
Petitioner,
)
)
vs.
)
No.
PCBO3-161
)
CITY OF DES PLA1NES, ILLINOIS and,
)
(Pollution Control Facility
DISPOSAL MANAGEMENT SYSTEMS, iNC.
)
Siting Facility)
)
Respondent.
)
NOTICE
OF FILING
TO:
See Attached Proof of Service
PLEASE TAKE NOTICE that on May
1, 2003, we filed with the Illinois Pollution
Control Board, nine copies and
an original ofthe attached Solid Waste Agency ofNorthern Cook
County’s
MOTION FOR
RECONSIDERATION in the above entitled matter.
SOLID WASTE AGENCY OF NORTHERN
COOK COUNTY
By:
One ~
Patricia F.
Sharkey
Mayer, Brown, Rowe & Maw
190
South LaSalle Street
Chicago, IL
60603
312-782-0600
Attorney RegistrationNo.
6181113
THIS DOCUMENT
Is
FILED ON RECYCLED PAPER
RECEIVE
I)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARp1
ERK’S
OFF!CE
MAY
012003
SOLID WASTE AGENCY OF NORTHERN
)
STATE OF ILLINOIS
COOK COUNTY,
Pollution
Control Board
)
Petitioner,
)
)
vs.
)
No. PCB 03-161
)
CITY OF DES PLANES, ILLINOIS
and
)
DISPOSAL MANAGEMENT SYSTEMS, INC
)
(Pollution Control Facility
)
Siting Facility)
Respondents.
)
MOTION FOR RECONSIDERATION
Petitioner Solid Waste Agency of
Northern
Cook County (“SWANCC”) by Mayer,
Brown, Rowe &
Maw, its attorneys, and pursuant to
35
Ill. Admin. Code
101.520, respectfully
moves the Board to reconsider its
April 17, 2003
Final Order which denied SWANCC’s Motion
for Leave to File Amended Petition and dismissed this action.
This motion is
filed in connection
with and in the alternative to a new Petition for hearing which was filed on April 29, 2003
and
has been docketed as PCB 03-210.
SWANCC asks that the Board reconsider and reverse its
order as to the deadline for appeal ofthe City’s action
and either find that the Amended Petition
filed with a Motion for Leave to
File on April 2, 2003 was timely, or in the alternative, find that
the new Petition filed in PCB 03-210 on April 29, 2003
is timely.
In support thereof, Petitioner
states as follows:
1.
SWANCC received the Board’s April
17, 2003
Order in this matter on April 24,
2003.
Thus, this motion
is timely under Section
101.520.
A copy of the Board’s Order is
attached as Exhibit
1
hereto.
2.
The documents filed herewith demonstrate that both SWANCC’s Amended
Petition, filed April 2, 2002,
and the new Petition, filed on April 29, 2003, were both timely
THIS DOCUMENTS
Is
FILED ON RECYCLED
PAPER
because the City ofDes Plaines did not render an
“official written decision” until March 26,
2I~03.(See March 26, 2003 letter from the City of Des Plaines to Disposal Management
Systems, Inc.
Exhibit 2 hereto.)
Both of SWANCC’s Petitions were filed within the 35
day
appeal
period following the March 26, 2003
written decision.
3.
The Board’s April
17, 2003
Order, in pertinent part, stated:
“Here, Des Plaines approved siting ofthe DMS facility, without
conditions, on February
18, 2003. Pet. Exhibit
3, at 7.
The 35-day
period in which to
file a petition for review expired on March
25,
2003. Because SWANCC failed to timely name DMS, the siting
applicant, as a respondent within the 35-day deadline for filing a
sufficient appeal,
SWANCC’s petition fails to meet the Board’s
content requirements. Accordingly, the Board lacks
jurisdiction to hear this appeal....”
4.
The Board’s Order was based on an erroneous assumption ofeither fact or law.
The Board’s order was based either on the assumption that the voice vote approval in the City
Council triggered the 35-day appeal period or on the assumption that the City issued an
“official
written decision” on February
18, 2003. Neither ofthese assumptions are true.
5.
The Board’s rules are clear that
a local siting body’s “action” for purposes ofthe
35-day appeal period is the date ofits “official written decision.” Section
107.304 ofthe Board’s
procedural rules governing petitions to review pollution control facility siting decisions,
35
Ill.
Admin.
Code
107.204, states:
“A petition for reviewmust be filed within 35 days after the local siting
authority’s action to approve or disapprove siting.
Action means the local
government ‘s official written
decision granting or denying local siting
approval.”
emphasis
added
6.
This rule is clear on its face. It is also supported by a significant body ofIllinois
case law.
In WMJ v.
IPCB, 201
Ill. App. 3d 614,
558 NE2d 1295
(Ill. App.
1 Dist.
1990), the
Illinois Appellate Court found that where the Board had issued an order within its statutory
2
THIS DOCUMENTS
Is
FILED ON RECYCLED PAPER
decision deadline, but had not issued its opinion, it was the opinionthat was the “final action”
‘which was reviewable by the Court.
The Appellate court reasoned that the earlier issued order
circumvented the applicant’s right to review ofan administrative order since a court would not
have the information necessary for a complete and fair review ofthe decision at the time ofthe
agency action.
On appeal to the Illinois
Supreme Court, WMI v. PCB,
145 Ill. 2d 345,
585
NE2d 606 (Ill.
S.Ct.
1992), the Supreme Court found that “final action” for purposes ofmeeting
a deadline for administration action could occur without written findings, but also
stated “we do
not necessarily conclude that such
action
was final and appealable for purposes of review.”
The Supreme Court based this distinction on the well established doctrine that a decision by an
administrative agency must contain findings to make possible judicial review.
Reinhardt v.
Board ofEducation ofAlton, 61111. 2d
101, 329 NE2d 219 (Ill.
S.Ct.
1965)
(Where there are no
findings, there can be no judging whether a ground relied upon was constitutionally proper);
Also see SEC
v.
Chenery Corp, 318 U.S.
80,
94, 63
S.Ct. 454, 462
(1943) (The orderly
functioning ofthe process ofreview requires that the grounds upon which the administrative
agency acted by clearly disclosed and adequately sustained.).
The Board’s procedural rule,
Section 107.204, which identifies the “official written decision” as the trigger for the 35 day
appeal period is consistent with this established administrative law doctrine.
7.
In addition to the Board’s procedural rules,
Section 39.2 (e) of the Environmental
Protection Act makes it clear that local siting body decisions must be in writing.
It states:
“Decisions ofthe County Board or governing body ofthe municipality are
to be
in writing, specifying the reasons for the decision, such reasons to be
in conformance with subsection (a) of this Section.”
Section 39.2(e)
also authorizes local siting bodies to
condition their approvals and
requires local
siting bodies to make their decisions available forpublic
inspection and copying.
3
THIS DOCUMENTS
Is
FILED ON RECYCLED PAPER
Insum, the final, appealable decision ofthe local
siting body must be
in writing, must specify
re~sonsfor the decision, must contain any conditions of approval and must be available for
piiblic review.
8.
In this case, the City did not issue
a written decision stating its approval and
addressing the Section 39.2 criteria or containing the conditions on its approval until its letter of
March 26, 2003 to DMS.
This is the only document which states that the City finds that DMS
has met the criteria under Section 39.2.
It is also the only
document stating the conditions on
which the City’s approval is stated to be
“contingent.”
See
attached Affidavit.
(Exhibit
3
hereto).
As such, it is the only document that can be deemed to
be an “official written decision”
ofthe
City.
9.
The City itself indicated that the March 26, 2003
letter is its
“official written
decision.”
In response to an FOIA by SWANCC requesting the City’s “final written decision,”
the City included a memorandum dated March 21, 2003, Exhibit 4 hereto, stating:
“A letter will be sent to Disposal Management Systems, Inc. the week of
March 24, 2003, along with the Certification, describing the conditions of
approval. A copy will also be sent to SWANCC.”
Although two other documents
—
the minutes ofthe City Council meeting and an
LPC-PA8 Certification
Form
—
were described in the March 21, 2003 Memorandum, only the
anticipated letter of the week ofMarch 24, 2003 (ultimately dated March 26, 2003) qualifies as a
“written decision” under Section 39.2.
The minutes ofthe City Council meeting reflect the
Council’s voice vote, but the minutes
do not specify the reasons for the decision or reflect the
conditions on which the approval was made contingent.
(The minutes are attached as Exhibit S
The March
21,2001
memorandum
was
included
in
and explicitly referenced
in SWANCC’s
original
petition and
Amended Petition.
4
THIS DOCUMENTS
Is
FILED
ON RECYCLED PAPER
hereto.)
Furthermore, the Board has previously held that the minutes ofa meeting reflecting a
voice vote carmot be considered a “written decision” within the meaning of Section 39.2.
SPILL
etal. v.
City ofMadison,
PCB 96-91 (Dec. 20,
1995).
Neither can the LPC-PA8
certification
form, which was originally executed on March
3, 2003
and then re-executed on March 25, 2003,
be considered the City’s
“official written decision.”
Although a written instrument, the
LPC-PA8 form did not include any “reasons” supporting the City’s decision nor did it include
any ofthe conditions the City imposed on its approval.
(Both LPC-PA8 Forms are attached
hereto as Exhibits
6 and
7 respectively.)
10.
As stated above,
an approval cannot be considered to contain reviewable or
appealable findings until such time as the reasons for the decision and any conditions ofapproval
are articulated in writing.
Due process requires notification ofthe factual and legal conclusions
which form the basis of an approval in a timely manner to allow forjudicial review.
On a very
practical
basis, neither the affected public nor the affected applicant can judge the nature and
effect ofthe approval to determine whether they need to appeal
before a written decision with all
applicable conditions and
findings is issued and made available for public review.
11.
The City’s
March 26, 2003 letter states that the City has approved the siting,
references satisfaction ofthe Section 39.2 criteria and states that the City’s approval is
“contingent” on DMS’s compliance with five conditions (which are articulated for the first time
in that letter).2
Whether the City’s written decision is sufficient to
support its action is not the
question before the Board today.
Rather, what is critical forpurposes ofcalculating the time for
appeal
is the fact that the City issued a “written decision,” has stated that its approval is
2
The conditions stated in the March 26,
2003
letter cannot
be deemed to have been issued
under some
separate City
authority.
The only authority the
City has to condition siting approval is that provided in Section 39.2,
as local
zoning and land
use restrictions
are preempted by Section 39.2.
See Section 39.2~g)ofthe
Act,
415
ILCS
5/39.2(g).
5
THIS
DOCUMENTS Is FILED
ON RECYCLED PAPER
“contingent” on five conditions, and that the written decision reflecting these conditions was not
issued until March 26, 2003.
As such, both the Amended Petition filed on April 2, 2003 and the
newPetition filed on April 29, 2003 were both timely filed.
WHEREFORE,
SWANCC respectfully requests that the Board reconsider and reverse its
April
17, 2003
Order, find that the 35
day appeal period was triggered by the City’s March 26,
2003
“official written decision,” and either accept the April 2, 2003 Amended Petition for
hearing or, in the alternative, accept for hearing SWANCC’S April
29, 2003 Petition in the
matter PCB 03-210.
Dated:
May
1, 2003
Respectfully submitted,
SOLID WASTE AGENCY OF NORTHERN
COOK COUNTY
By:_____
One\~f
It
Attorneys
Patricia F. Sharkey
Mayer,
Brown, Rowe & Maw
190 South LaS alle Street
Chicago, IL
60603
312-782-0600
Attorney Registration No. 6181113
FirmNo.: 38918
6
THIS
DOCUMENTS IS FILED
ON RECYCLED PAPER
I
.
ILLINOIS POLLUTION CONTROL BOARD
April
17,
2003
SOLID WASTE AGENCY OF NORTHERN
)
COOK COUNTY,
)
)
Petitioner,
)
)
PCBO3-16l
v.
)
(Pollution Control Facility
)
Siting Appeal)
CITY OF DES PLANES, ILLiNOIS,
)
)
Respondent.
)
ORDER OF THE BOARD
(by N.J. Melas):
On March 24, 2003, Solid Waste Agency of
Northern
Cook County (SWANCC) timely
filed a petition
asking the Board to review a February
18, 2003 decision ofthe City ofDes
Plaines (Des
Plaines).
See
415
ILCS 5/40.1(a) (2002);
35
Ill. Adm. Code 107.204.
Des Plaines
approved Disposal Management System’s application to
site a 200
ft. by 200
ft.
waste transfer
facility at
101-103 Sell Road in the City ofDes Plaines.
On April
2, 2003,
SWANCC filed a
motion for leave
to file an amended
complaint adding Disposal Management System (DMS) as a
respondent.
On April
16, 2003, Des Plaines filed a motion
to
dismiss and to oppose SWANCC’s
motion for leave.
Also on April
16, 2003, DMS
filed a comment in support of Des Plaines
motion to dismiss.
Section 40.1(a) ofthe Environmental Protection Act (Act) (415 ILCS
5/40.1(a)
(2002))
authorizes SWANCC’s
appeal to the Board as a third party under Section
107.200(b) ofthe
Board’s
rules.
35
III. Adm. Code
107.200(b).
Section 40.1(b) ofthe Act and Section
I07.202(a)(2) of the Board rules, however, require that
a petition for review name the
siting
applicant as a respondent.
415
ILCS
5/40.1(b);
35
Ill. Adm. Code
l07.202(a)(2).
Here, DMS
is
the siting applicant, yet DMS was not
named
as a respondent in SWANCC’s
original petition.
The Act and Board rules also require a petition for review to be filed within 35 days after
the local siting authority’s action to approve or deny siting.
415 ILCS 5/40.2(a);
35
111. Adm.
Code
107.204.
Additionally, the Board on its own motion may dismiss
any petition that
is
untimely filed or does not name all necessary parties.
35 Iii. Adm. Code 107.502.
Here, Des Plaines approved siting ofthe DMS facility, without conditions,
on February
18, 2003.
Pet. Exhibit
3,
at 7.
The 35-day period in which to file a peti
nfor.revie~w
expired
on March
25,
2003.
Because SWANCC failed to timely name DMS, the siting applicant, as a
respondent within the 35-day deadline for filing
a sufficient appeal, SWANCC’s petition fails to
meet the Board’s content requirements.
Accordingly, the Board lacksjurisdiction to hear this
appeal.
Bevis v. Wayne County Board, PCB
95-128 (May 18,
1995), ajJ’d sub nom.
Bevis v.
PCB, 289 Ill. App. 3d 432;
681
N.E.2d 1096 (5th Dist.
1997);
see also
ESG Watts, Inc. v.
PCB,
.
.
2
191111. 2d 26,
727 N.E.2d
1022 (2000) (failure ofa party
seeking administrative review to name
&ll
statutorily requiredparties is
a fatal omission).
Because the Board lacks jurisdiction over this proceeding based on the face of
SWANCC’s petition, the
Board denies Des Plaines’ motion
to dismiss as moot.
Accordingly, the Board denies SWANCC’s motion for leave to amend, denies Des
Plaines’ motion to dismiss, dismisses
this action, and closes the docket.
IT IS
SO
ORDERED.
Section
4 1(a) ofthe Environmental Protection Act provides that final Board
orders may
be appealed
directly to the Illinois Appellate Court within
35 days after the Board serves the
order.
415
ILCS 5/41(a) (2002);
see also
35111. Adm. Code
lOl.300(d)(2),
101.906,
102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the
Illinois
Appellate Court, by statute, directly reviews administrative orders.
172 Ill. 2d
R. 335.
The
Board’s procedural rules provide that motions forthe Board to reconsider or modify its final
orders may
be filed with the Board within 35 days after the order is received.
35 Ill. Adm. Code
101.520;
see also
35
111.
Adni.
Code
101.902,
102.700,
102.702.
I, Dorothy M.
Gunn,
Clerk ofthe Illinois Pollution Control Board, certify that the Board
adopted the above order on April
17, 2003, by
a vote of6-0.
• Dorothy M.
Gunn,
Clerk
Illinois Pollution Control Board
CITY
OF
1420
Miner
I
Northwest
Highway
U
Des
Pleinee,
Illinois 60016-4498
U
(847)
391-5300
March
26, 2003
Mr. Joe Anderson
Disposal Management
Systems, Inc.
101-103 Sell Road
Des Plaines, IL 60018
Dear Mr. Anderson:
On February
18, 2003, the Des Plaines City Council approved local siting for a transfer
station at Disposal Management Systems (DMS), Inc. located at 103
Sell Road in Des
Plaines, IL.
The facility has provided the City adequate documents and has satisfied the
criteria under the Illinois Environmental Protection Act (“ACT”) Title X, Section 39.2.
Disposal Management Systems, Inc. may proceed in
applying to the Illinois
Environmental Protection Agency (IEPA) to
obtain a transfer station permit.
The City’s
approval is contingent upon the following conditions:
1.
Materials accepted and recycled shall be limited to construction and
demolition
debris (pallets, wood, concrete, cardboard, bricks, asphalt, steel, aluminum, and
clean dirtlgravellsand).
Any other material (i.e. refuse, yard waste, etc.) accepted
to the facility for disposal will void this approval and the facility will be under
violation.
2.
The approval shall only be for Disposal Management Systems, Inc. located at
103
Sell Road.
IfDMS re-locates to
another location in Des Plaines, DMS must
re-submit an application forthe new location and provide any/all new documents.
•
3.
DMS shall maintain record keeping ofload volumes (in and out), contents, and
destination.
4.
DMS shall keep property clean and orderly and maintain safety and emergency
requirements.
5.
DMS
shall keep operating hours as stated on the July
10, 2002 facility description
correspondence.
Daily hours are
5
AIvI to
5
PM.
The City is enclosing a signed
and notarized IEPA Certification ofSiting Approval
(LPC-PA8) that was supplied with the original DMS
application.
Please provide us with
a copy of your JEPA permit when you receive it.
,1•6~.
~
Li
LW~
DES_PL.AINES
ILLINOIS
Disposal Management Systems,
Inc.
Page 2
Ifyou have any questions, please contact Ruth Broder, Community Development
Coordinator, at (847) 391-5381.
Sincerely,
William Schneider
Acting City Manager
City ofDes Plaines
Attachment
Cc:
Ruth Broder, Community Development
Christine Wolski, Public Works.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
1021
NORTH GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
RENEE CIPRIANO,
DIRECTOR
CERTIFICATION OF SITNG APPROVAL
(LPC-PA8)
Name ofApplicant:
~‘-~r~
~
~
~
~
sf.
~
~
Address ofApplicant:
~
~
.
Name ofSite:
‘j~
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4’~7’~~
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~4’
Site Information:
Nearest
City:
_~(.(
P~~*
t’~.a-c.,,Z~ County:
~
1
I.
On
February
18
,)1~,~Q?theCity
of
Des
Plaines
of
(governing body of county or municipality)
Cook
County
approved
the site location suitability of
_________________________
(county or municipality)
“
(name
site)
as a new pollution control facility in accordance with Section 39.2 ofthe illinois Environmental
Protection Act, Ill. Rev. Stat., ch.
111 ½,
Section
1039.2.
2.
The facility was approved for the following activities:
waste storage (,..,,,.._j,
landfill
(_),
waste disposal (
),
waste transfer station
(~1)
waste treatment
(_),
waste incinerator
(_).
3.
Attached to this certification is a true and
correct
statement of the legal
description ofthe site as
it was
approved by the aforementioned local governing body.
~
4.
Attached to this certification
is
a true and
accurate statement ofconditions, if any, under which the
approval was provided.
(Note:
These conditions are provided for information only to the
IEPA.
The
IEPA is
not
obligated to monitor or enforce local conditions.)
5.
The undersigned has been authorized by the
City
Council
of
(governing body ofcounty or municipality)
the
City
of
Des
PlaiI~xecute
this certification on behalfof. the
City
of
Des
Plaines
(county or municipality)
(crn,~’
or municipality)
~
OFFICIAL
SEAL
~
NAME:
7
DONNA
L
CATLEIT
~
~
PUI3UC,
STATE
~
TITLE’
‘MAYOR
•, M~i~
CCt4M9~ION
EXP RE
00/22/05
~
~
________
ATT
ST:
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SUJ~~EDAN~4RNT2EFOREME
~
__________
Deputy~ity
Clerk
Notary Public
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PRINTED ON
RECYCLED
PAPER
County of Cook)
State of Illinois)
AFFIDAVIT
I,
Patricia
F.
Sharkey, an
attorney registered to
practice law in Illinois, hereby
attests to the following:
In
March
2003, I filed a Freedom of Information Act (FOIA) request on behalfof
SWANCC with the City of Des Plaines requesting the City’s “final written decision” in
the matter of the Disposal Management Systems, Inc. application for a waste transfer
station
siting approval. The City responded with a March 21, 2003 memorandum which
provided the minutes of the February
18, 2003 City Council
Meeting, a Certification of
Siting Approval Form (LPC-PA8), and stated: “A letter will be sent to Disposal
Management Systems, Inc. the week of March 24, 2003, along with the Certification,
describing the conditions ofapproval. A copy will be
sent to
SWANNC.” A true and
correct copy ofa March 21, 2003 memorandum is attached hereto. No other documents
were provided in
response to SWANCC’s request for the City’s “final
written
decision.”
The March 26, 2003
letter from the City to Disposal
Management Systems, inc. is
the
only other City document which has been provided to me in response to that FOJA
request.
Further affiant sayeth not.
Patricia F. Sharkey
Mayer, Brown, rowe & Maw
190 South LaSalle Street
Chicago, Illinois
60603
Signed and sworn before me
this
29th
Day ofApril, 2003.
/
“OFFICIAL
SEAL”
D’~’&~~
)i7.
~‘~2tt.
Donna
M. Draper
Notary Public,
State of Illinois
Notary Public
My
COlTIflliSSiOfl
Exp.
03/2512006
This Document
is Filed on Recycled Paper
I-
I 420
Miner
/ Northwest
Highway
U
Des
Plaines,
Illinois
60016-4498w
(847)
391-5300
March 21, 2003
MEMORANDUM
TO:
Nancy
Peterson
FROM:
Ruth Broder
SUBJECT:
FOl #03 -069
Attached is the information requested
in the above-referenced FOl:
1.
A
copy ofthe final written
decision of the City ofDes Plaines in the matter of
the Disposal Management Systems, Inc
application
for siting a transfer
station at 101-103
Sell Road in Des Plaines, Illinois.
Attached is
a certified
copy ofthe minutes ofthe February
18,
2003
meeting of
the Des Plaines
City Council at which
the City Council voted to approve the
transfer station application (page
7).
Also attached is
a copy ofthe
Certification
of Siting Approval (LPC-PA8), signed by Mayor Anthony W. Arredia and
attested by
City Clerk Donna McAllister.
A letterwill be sent to Disposal
Management Systems, Inc. the week ofMarch 24, 2003, along with the
Certification, describing the conditions ofapproval.
A copy will be
sent to
SWANCC.
2.
A
copy ofall
written notices provided by
the
City
of Des Plaines or
by the
siting applicant ofthe December
2,
2002
public hearing
in
the matter of
Disposal Management
Systems,
Inc. application for
siting of a transfer
station at 101-103
Sell Road in
Des Plaines, Illinois.
A copy ofthe written notice is attached, along with a list ofthe persons
and
agencies to whom it
was
sent.
3.
A copy of all notifications published in
a newspaper of general circulation
providing
notice ofthe December 2, 2002 public hearing in the matter ofthe
Disposal Management Systems, Inc. application for siting of a transfer
station at 101-1 03 Sell Road in Des Flames, Illinois.
A copy ofthe notice published
in the Journal
and
Topics Newspaper on Friday,
November
15,
2002
is attached.
~
~SP~IN~
rBIT1
Page 2 of2
4.
A
copy of all correspondence,
documents, photographs,
and any other data
or
information provided to the City of Des Flames or any ofits
individual
employees or officials by Disposal Management Systems, Inc. in connection
with its application
for siting
a transfer station at 101-1 03 Sell Road, Des
Flames, Illinois,
including, but not limited to, any emergency response or fire,
hazardous substances
or spill response plan.
The following correspondence is
attached:
a.
A copy
of Disposal Management Systems, Inc.
initial letter to
the City of
Des Flames, dated August
5,
2002, with attachments.
b.
A copy of a
letter
and attachments, dated January 22, 2003
from Joe
Anderson, Disposal Management Systems,
Inc. to Ruth Broder, City ofDes
Plaines, responding to Ms. Broder’s January
16, 2003 letter to Mr.
Anderson.
5.
A copy of any letter or other form ofcorrespondence dated January 16, 2003
from Ruth
Broder to Disposal Management Systems, Inc.
or
pertaining to
Disposal
Management Systems, Inc.
A copy ofa letter dated
January
16, 2003 from
Ruth Broder, City of Des Plaines,
to
Joe Anderson, Disposal Management Systems, is attached.
6.
A copy of any letter or other form ofcorrespondence dated February
12,
2003
from Disposal Management
Systems, Inc. to Ruth Broder or any other
employee or official of the
City
of Des Flames pertaining to emergency
response or fire, hazardous substances or spill prevention and
response at
the proposed transfer station.
A copy of a letter dated
February 12,
2003
from Joe Anderson, Disposal
Management Systems, Inc. to Ruth Broder,
City of Des Flames,
is attached.
.
STATE
OF
ILLINOIS
)
COUNTY
OF
COOK
)
CLERK’
S
CERTIFICATE
I,
DONNA
McALLISTER,
do
hereby certify
that
I am
the
qualified and acting CITY CLERK* of the City of Des Plaines,
Cook
County,
Illinois,
~ND
THAT
AS
SUCH,
I
am
the
officer
duly
designated by law to keep the minutes, ordinances,
resolutions and
proceedings of the City Council of the City of Des Plaines.
I further certify that the attached and foregoing copy
of
~‘~M\
~\C~
—
V
~
0
is
a true and correct copy of t~erecords of the City of Des Plaines.
IN WITNESS WHEREOF,
I
hereunto affix my signature
and
impress hereon the corporate seal of the said City of Des Plaines,
Cook County,
Illinois, this.~’4ft’~-dayof
eh—~cu..~,j
2003.
(J
DONNA
McALLISTER, City Clerk
City of Des P
‘nes,
County of Cook
By:
J’~J~7k~’
~
NANCY P~’ERSON,Deputy City
Clerk
City of~~Des
Plaines, County of Cook
*per the provisions
of 65 ILCS 5/3.1-20-5
of the Illinois Compiled Statutes
(1998J
I
MINUTES
OF
THE
REG
MEETING
OP
TEE
CITY.
COUNCIL
OF
THE
CITY
DES
PLAINES,
ILLINOIS
EEL!)
IN
TEE
ELEAROR
ROBREACH
MEMORIAL
COUNCIL
CRAMEEP.S,
DES
PLAINES
CIVIC
CENTER,
TUESJ)A!,
FEBRUARY
18,
2003
CALL
TO
ORDER:
ROLL
CALL:
The regular meeting
of
the City Council
of the City of
Des
Plaines,
Illinois,
was
called
to
order
by
Mayor
Anthony
W. Arredia at
6:15 p.m. in the Eleanor Rohrbach
Memorial Council
Chambers,
Des
Plaines Civic Center
on
Tuesday,
February
18,
2003.
Roll
call
indicated
the
following
aldermen present:
Murphy,
Sayad, Becker,
Smith, Argus.
Aldermen Beauvais,
Christiansen
and
Brooknan
were
absent.
Alderman
Christiansert
arrived
at
6:17
p.m.
Alderman
Brookman
arrived
in
Executive
Session
at
6:50
p.m.
Alderman
Beauvais arrived at 7:41 p.m.
Also present were: Acting City Manager—EDC Director Schneider,
Director
of Finance Egeberg,
Police Chief Ryan,
Fire Chief Farinella, Director of
Engineering Oakley,
Director of Public Works Dusckétt, Director of Human
Resources
&
Services Merriman, Assistant Director of Human Resources
&
Services Ba~or, Director of Emergency Communications Ornberg,
Keep
Des
Flames Beautiful Coordinator Wolski, Assistant City Attorney Bartel and
City Attorney Wiltse.
Moved by Sayad, seconded by Murphy, to go into Executive
Session
to
discuss
collective bargaining.
Upon
roll
call,
the vote
was:
AYES:
5-Murphy,
Sayad, Becker,
Smith, Argus
NAYS:
0—None
ABSENT:
3-Beauvais,
Christiansen, Brooknian
Motion declared carried.
The City Council recessed at 6:16p.m.
The City Council reconvened at 7:00 p.m.
PRAYER AND
PLEDGE:
PRESENTATION:
Roll
call
indicated
the
following
aldermen
present:
Christiansen,
Murphy,
Sayad,
Srookman,
Becker,
Smith,
Argus.
The opening prayer was given by Pastor Greg Eaton,
First
United
Methodist
Church,
followed
by
the
Pledge
of
Allegiance.
Mayor Arredia presented the The Year of the Family Award
to Al Alderman,
who has been an inspiration to not
only
his children and scout troop, but to his family and the
community at
large.
Mayor
Arredia
introduced
Rev.
William
Grice,
First
Congregational
Church,
who
in
turn
introduced
Debra
Wielusiak,
the new Community Resource Director for the
Self—Help
Closet
&
Pantry
of
Des
Plaines,
who
urged
residents to contribute food and clothing because there
is a growing need in Des Plaines.
Alderman Tom Becker introduced Keep Des Flames Beautiful
Coordinator Wolski who presented appreciation awards to
businesses who contributed to the Holiday Ceremony at the
Library Plaza
on December
5,
2003;
and to schools
who
created ornaments and decorated the holiday trees:
Orazie! Ristorante and Banquets
Optimist Club of
Des Flames
Sysco Food Service
U-STOR-IT
Algonquin Middle School
Brentwood Elementary School
Central Elementary School
Chippewa Middle School
Cumberland Elementary School
Iroquois Community School
North Elementary School
Orchard Place Elem.
Schoo3
Our Lady of Destiny School
Plainfield Elem.
School
.
EXECUTIVE
SESSION:
~L~J14L
U.J
Friendship 3r. Nigh School
mz.I.y
a~em.
Iiurnanuel
Lutheran
School
ace
Elementary
School
Mrs. Stacey Magnusson, President of the Optimist Club of
Des Flames, read a letter from the Optimist Club stating
that they will donate all seventeen
(17)
trees
for the
2003 holiday season
at Library Plaza.
CITIZEN
Mr.
Michael
Mickelsen,
Des
Flames
Citizens
for
PARTICIPA.:
Responsible
Development,
P.O.
Box
2760,
Des
Flames,
addressed the City Council stating that his organization
has looked into the
flooding issue; they have contacted
other communities to see what they are doing; permeable
payers are being used to construct parking lots;
he has
a lot of information that he would be willing to loan to
the City;
we should require that all large parking
lots
and driveways be constructed with permeable payers.
Mr.
Bob
Suriano,
1258 Wayne
Drive,
addressed
the City
CoUncil stating that there
is
a problem with cars going
the
wrong way down Graceland Avenue;
there should
be
better sigriage;
when the
Police stop cars
on Golf Road
at
River
Road,
they should pull off into
a parking lot
rather
than block
traffic;
when
cars
are
involved
in
accidents,
they should be pulled off the road so traffic
can
go through.
Mr.
Gary Danfield,
655
River Road,
addressed
the City
Council stating
that
the
City should not
accept gifts
from the Optimist Club until they clean up after their
Christmas Tree
sale; we should look at allowing them to
use
City
property;
they
don’t
maintain
the
property
properly.
COLLECTIVE
Moved
by
Becker,
seconded
by
Sayad,
to
concur
with
EARGAINING/
majority agreement in Executive Session that City ratify
POLICE
(MAP)
contract with the Metropolitan Alliance of Police
(MAP)
CHAPTER
282
Chapter ~(282(E—91l), effective May 1, 2002 through April
30,
2005;
and
adopt Resolution
R-21—03,
A
RESOLUTION
Resolution
RATIFYING AND
AUTHORIZING
THE
MAYOR
AND
CITY
CLERK
TO
R-21-03
EXECUTE THE
COLLECTIVE BARGAINING
AGREEMENT
WITH
THE
METROPOLITAN ALLIANCE OF
POLICE,
DES
PLAINES
CIVILIAN
Ordinance
CHAPTER ~t282.
M-8—03
Alderman
Argus
stated
that
a
5.5
increase
in
wages
plus
steps
is
irresponsible in this bad economy and the state
of
our
budget.
Upon roll call, the vote was:
AYES:
7—Beauvais,
Christiansen,
Murphy,
Sayad,
Brookman,
Becker,
Smith
NAYS:
1-Argus
ABSENT:
0-None
Motion declared carried.
Moved by
Becker,
seconded by Sayad,
to place
on
First
Reading
Ordinance
M-8—03.
Motion
declared
carried.
Alderman Argus voted no.
Moved by Becker,
seconded by Christiansen,
to advance to
Second Reading and adopt Ordinance M—8—03, AN ORDINANCE
AMENDING SCHEDULE VII ~‘TELECOMMUNICATION
OPERATORS GROUP”
OF TITLE
I,
“ADMINISTRATIVE,” OF CHAPTER
15,
“POSITION
CLASSIFICATION
AND
COMPENSATION
PLAN,”
OF SECTION
4,
“CLASSIFICATION
PLAN
TO
THE
CITY’ SERVICE,” OF THE
DES
PLAINES
‘CITY
CODE
TO
REFLECT AMENDMENTS
MADE
IN
THE
AGREEMENT EFFECTIVE MAY
1,
2002 THROUGH APRIL
30,
2005.
Upon roll call,
the vote was:
AYES:
7-Beauvais, Christiansen, Murphy,
Sayad,
Brookinan,
Becker, Smith
NAYS:
1-Argus
ABSENT:
0-None
Motion declared carried.
.
S
PAGE
THREE
.
.
S
S
,
MOTOR FUEL
Moved
by
Beauvais,
seconded
b
rookman,
to
TABLE
the
TAX
INCREASE
matters of Motor Fuel Tax Increase and Telecommunication
& TELECO~d.
Tax
Increase,
scheduled
to
be
discussed
under
New
TAX
INCBEASE~:
Business
later
in the meeting.
Motion declared carried.
MANCARI
AUTO
‘
Moved
by
Smith,
seconded
by
Becker,
to
POSTPONE
until
GROUP
April
7,
2003,
the matter
of
the Bu~inessDevelopment
‘
77 RAND ROAD:
Agreement and the 6(b)
status for Mancari Auto Group,
77
Rand Road,
scheduled to be discussed under Committee of
the Whole later in the meeting.
Motion declared carried.
CONSENT
Alderman Sayad requested that Item 2 be removed from the
AGENDA:
Consent
Agenda; Alderman Beauvais
requested that
Items
4 ‘and 4a be removed;
and a resident requested that Items
6 and 6a be
removed.
Moved
by
Sayad,
seconded
by
Becker,
to
establish
a
Consent
Agenda
except
for
Items
2,
4,
4a,
6
and
6a.
Motion declared carried.
Moved
by
Murphy,
seconded
by
Sayad,
to
approve
the
Consent
Agenda.
Upon
roll
call,
the
vote
was:
AYES:
8—Beauvais,
Christiansen, Murphy,
Sayad,
Brookman,
Becker,
Smith,
Argus
NAYS:
0—None
ABSENT:
0-None
Motion declared carried.
Minutes were approved;
staff
recommendations and
requests
were approved; Ordinances
M—4—03,
M—5—03,
M—6—03,
M—7—03,
T—l—03
and
Z—3—03
be
adopted;
Ordinances
M-9—03
and
T-3—03
be
placed
on
First
Reading; and Resolutions R—23—03 and R—24—03 be adopted.
MINUTES/
Moved
by Murphy,
seconded by Sayad,
to approve minutes
1/22103:
of the Special meeting of the City Council held ~Ianuary
Consent
22,
2003,
as
published.
Motion
declared
carried
as
Agenda
approved
unanimously
under
Consent
Agenda.
MINUTE$L
Moved
by
Sayad,
seconded
by
Brookman,
‘to
POSTPONE
until
2/3/03:
March
3,
2003,
under
Unfinished Business,
approval
of
minutes~of the regular meeting of
the City Council held
February 3, 2003, as published.
Motion declared carried.
DRIVING
Moved by Murphy, seconded by Sayad,
to’concur
with Staff
RESTRICTIONS:
recommendation to amend Title
X,
Chapter
9
—
“Licenses”
Consent
of
the
City
Code
to
~fl
a
NEW
Section
9
to
make
it
Agenda
unlawful
to
drive
without
a
license
or
drive
on
a
suspended license;
the minimum
fine upon conviction
or
Ordinance
plea
of
guilty shall
be
$50;
and further recommend
to
N-9-03
place
on
First
Reading Ordinance
M—9-03,
AN ORDINANCE
AMENDING THE CITY CODE OF THE CITY OF DES PLAINES,
TITLE
X,
“TRAFE’IC”
CHAPTER
9, “LICENSES” TO ADD A NEW SECTION
9,
TITLED
“PENALTY
FOR DRIVING WITHOU~TA
LICENSE,
OR
DRIVING ON A SUSPENDED LICENSE.”
Motion declared carried
as approved unanimously under Consent Agenda.
MO.
LIC.!
Moved by
Smith,
seconded by Becker,
to
POSTPONE until
March
3,
2003,
under Committee of the Whole,
discussion
ELLINWOOD:
on
amending
Title
V,
Chapter
34,
Section
18
-
“License
Limitations”
of the City Code to ~
one
(1)
Class
B-.
Ordinance
Bulk Sales
Dealers Liquor License for property located
M-10-03
at 1415 Ellinwood Street, d/b/a Sofia Specialty Food and
Liquors;
contingent
upon verification of fingerprints;
and
one
(1)
Class
B
Liquor
License
(umbrella
classification for
all B Liquor Licenses);
and placing
on
First
Reading
Ordinance
M—l0—03.
Motion
declared
carried.
TRAFFIC
Moved
by
Murphy,
seconded
by
Sayad,
to
concur
with
RESTRICTION)
recommendation
of
Staff
Traffic Advisory Committee
to
PERRY ST.:
amend Title
X, Chapter
7,
Section
3
-
“Stop
Streets”
of
Consent
the City Code to ADD that westbound Perry Street traffic
Agenda
stop at Graceland Avenue; and further recommend to place
on First Reading Ordinance T-3—03, AN ORDINANCE AMENDING
Ordinance
TITLE
X,
“TRAFFIC”
CHAPTER
7, “THROUGH AND STOP STREETS”
T—3—03
T—3—03
(Cont’d.)
TIME
EXTEN./
CONDIT. USE
&
VARIATION.
2930
RIVER:
Resol’ution
R—22—03
ATM
MACHINE
PLACE. AGREE.
POLICE
STA.
1420
MINER:
Consent
Agenda
Resolution
R—23—03
LOCKBOX RANK
ACCT.
AGREE,!
OAR
BROOK
BANK:
Consent
Agenda
Resolution.
R—24-03
LIQ. MC.
CHANGE
OF
OWNERSHIP/
699
N.
WOLF:
Consent
Agenda
SECTION
3
“STOP
STRE~Tb
U
.~wi.’
t~
ni.,.
...,~
—
WESTBOUND
LANE
OF PERRY STREET.
Motion declared carried
as
approved unanimously under ~sent
Agenda.
Mr.
Gary
Danfield,
655
River Road,
addressed the City
Council
asking why the
City is
giving them a six—month
extension.
Alderman Becker said because of 9/1/01; this
is
a multi-million dollar project;
the
hotel
industry
took
a big hit.
Moved by Becker, seconded by Sayad, to concur with Staff
recommendation to grant request for extension of time for
preparation and submittal of the Conditional Use Permit
and Variations
(as approved by the City Council on July
16,
2001
-
Ordinance Z-12—0.
and amended by Ordinance Z—
2—02
on April
1,
2002), from April
1,
2003 through and
including October
1,
2003;
for property located at 2930
S.
River Road
(Hilton Garden Inn); and further recommend
to
adopt Resolution .R-22-03,
A RESOLUTION GRANTING
AN
EXTENSION
OF
TIME
FOR
SUBMITTAL
AND
APPROVAL
OF
A
CONDITIONAL USE AND ZONING VARIANCES PURSUANT TO SECTIONS
3.4-8
“LIMITATIONS
ON
CONDITIONAL
USE”
AND
3.6-12
“LIMITATIONS
ON
VARIATIONS”
OF
THE
DES
PLAINES
ZONING
ORDINANCE,
AND GRANTING AN EXTENSION
UNTIL OCTOBER
1,
2003,
LOCATED
AT
2930
S.
RIVER
ROAD,
DES
PLAINES
(CASE
01—22—CU-V).
Upon roll
call,
the vote was:
AYES:
8—Beauvais,
Christiansen,
Murphy,
Sayad,
Brookman,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT: 0-None
Motion declared carried.
Moved by Murphy, seconded by Sayad,
to concur with Staff
recommendation that Mayor and City Clerk be authorized
to
execute
“Placement
Agreement”
with
Anderson
ATM
Systems,
4644
N.
Leclare
Avenue,. Chicago,
IL 60630,
to
place
an ATM Machine
in
the
lobby
of
the
Des Flames
Police Station,
1420 Miner Street; City to receive $1.20
per
transaction
at
said
ATM
machine;
and
further
recommend
to
adopt
Resolution
R-23—03,
A
RESOLUTION
AUTHORIZING A “PLACEMENT AGREEMENT” BETWEEN ANDERSON ATM
SYSTEMS AND THE CITY OF
DES PLAINES FOR THE PURPOSE
OF
PLACING AN ATM MACHINE
IN
THE LOBBY OF THE DES PLAINES
POLICE STAT1ON, LOCATED AT THE DES PLAINES CIVIC CENTER,
1420 MINER STREET.
Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy,
seconded by Sayad, to concur with Staff
recommendation
that
City
Clerk
be
authorized
to
execute
“Corporate Authorization Resolution” with Oak Brook Bank,
1400
H.
16t1~
Street,
Oak
Brook,
IL 60523,
to open a bank
account
for lockbox service for utility bill and vehicle
sticker payments; said resolution reaffirms the authority
of
the Director
of
Finance
and Assistant
Director
of
Finance to sign checks and make investments for the City;
and
further
recommend
to
adopt
Resolution
R-24—03,.
A
RESOLUTION
AUTHORIZING THE
EXECUTION
OF
AN
OAK
BROOK
BANK
CORPORATE
AUTHORIZATION
RESOLUTION
FOR
THE
PURPOSE
OF
OPENING
A
BANK ACCOUNT
AT
OAK
BROOK
BANK.
Motion
declared carried as approved unanimously under Consent
Agenda
Moved by
Murphy,
seconded
by Sayad,
to concur with Staff
recommendation
to
approve
Change
of
Ownership
of
Class
B—i
Bulk
Sales
Dealers
Liquor
License
for
property
located
at
699
N.
Wolf
Road,
d/b/a
ZJ’s
Pantry Plus
&
Liquors;
contingent upon verification of
fingerprints.
Motion
declared
carried
as
approved
unanimously
under
Consent
Agenda.
c.ivr.~
PARKING
PAD
Moved
by
Murphy, seconded by
Sc~,
to
concur
with
Staff~
VARIATION/
recommendation
to
grant
request
for
Variation
to
Section
1660
S.
CORA:
4-7-9
of
the
Building
Code
Amendments.
to
permit•
Consent
construction
of
a
parking.
pad,
17’
wide
x
21’
long,
in
Agenda
the
rear
yard
adjacent
to
the
alley
and
detached
garage
on
property
located
at
1660
8.
Cora
Street
(all
new
parking
pads
require
approval
by
the
Building
Code
Committee);
contingent upon petitioner agreeing not
to
construct any additional hard surface or structures
in
the
rear
yard.
Motion
declared
carried
as
approved
unanimously under Consent Agenda.
BID
AWAP,D/
Moved
by
Murphy,
seconded
by
Sayad,
to
concur
with
Staff
AMBULANCE
recommendation
to
award
bid
for
Purchase
of
Two
(2)
STRETCHERS:
Ambulance
Stretchers
to
the
single
bidder,
Armstrong
Consent
Medical
Industries,
575
Knightsbridge
Parkway,
Agenda
Lincoinshire,
IL
60069,
in
the
total
bid
amount
of
$5,904/Budgeted
Funds.
Motion
declared
carried
as
approved
unanimously
under
Consent
Agenda.
BID
AWARD!
Moved by Murphy, seconded by Sayad, to concur with Staff
PRESSURE
recommendation
to
award
bid for Purchase of Combination
WASHER
FOR
Cold/Hot/Steam
Pressure
Washer
for
Public
Works
PUBLIC
WKS.:
Department
to
the
lowest
responsible
bidder,
Standard
Consent
Industrial
&
Automotive,
6211 Church Road,
Hanover Park,
Agenda
IL
60133,
in
their
alternate bid amount of $8,935/2003
CERF
Fund.
Motion
declared
carried
as
approved
unanimously under Consent Agenda.
ADVERTISING
Moved by Murphy, seconded by Sayad, to concur with Staff
FOR BID:
recommendation that City Clerk be authorized to advertise
Consent
for
bids
for 2003
Street Rehabilitation
(Contract
1),
Agenda
returnable by 3:00 p.m., Thursday, March
6,
2003.
Motion
declared carried as approved unanimously under Consent
Agenda.
APPOINTMENT:
Moved by Murphy,
seconded by
Sayad,
to approve Mayoral
Consent
appointment
of Penny
C.
Wenstroin to
the SPECIAL EVENTS
Agenda
COMMISSION,
term
to
expire
August
31,
2003.
Motion
declared carried as approved unanimously under Consent
Agenda.
ORDINANCE
Moved by Murphy, seconded by
Sayad,
to adopt Ordinance
M-4—03
M-4—03, AN ORDINANCE AMENDING TITLE
I “ADMINISTRATIVE,”
POLICE
RECORD
OF CHAPTER 15 “POSITION CLASSIFICATION AND COMPENSATION
SYS.
ADMIN.
PLAN,”
SECTION
4
“CLASSIFICATION
PLAN
TO
THE
CITY
(9-i-1)j
SERVICE”
FOR
SCHEDULE
V-A
“TECHNICAL,
ENGINEERING
AND
Consent
INSPECTION GROUP” IN THE
DES PLAINES CITY CODE.
Motion
Agenda
declared carried asapproved unanimously under Consent
Agenda.
ORDINANCE
Moved by Murphy,
seconded by
Sayad,
to adopt Ordinance
M-5-03
t1-5-03,
AN
ORDINANCE
AUTHORIZING
THE
DONATION
AND
DONATION!
CONVEYANCE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES
SURPLUS FIRE
PLAINES.
Motion declared ca’rried as approved unanimously
EQUIPMENT:
under
Consent
Agenda.
Consent
Agenda
ORDINANCE
Moved by Murphy,
seconded by Sayad,
to adopt Ordinance
M-6-03
14-6-03,
AN
ORDINANCE
RESCINDING
CITY
OF
DES
PLAINES
RESCINDING
MUNICIPAL
ORDINANCE
14-10-02
IN
ITS
ENTIRETY.
Motion
ORDINANCE
declared carried as approved unanimously
under Consent
)4-10-02:
Agenda.
Consent
Agenda
ORDINANCE
Moved by Murphy,
seconded by Sayad,
to adopt Ordinance
14-7—03
M-7-03,
AN ORDINANCE AMENDING TITLE
I,
“ADMINISTRATIVE”
CITY CODE
CHAPTER
6,
“CITY
COUNCIL”
SECTION
3,
“MEETINGS”
TO
REVISIONS:
ADDRESS CERTAIN HOUSEKEEPING MATTERS
(formerly 1-6-8 and
Consent
1—6-9).
Motion declared carried as approved unanimously
Agenda
under Consent Agenda.
ORDINANCE
Moved by Murphy,
seconded by
S
,
to
adopt
Ordinance
T-1-03
T-1-03, AN ORDINANCE AMENDING TI
X, “TRAFFIC,” ~CHAPTEP
PARKING
5, “STOPPING STANDING AND PARKI
~‘
SECTION 17,
“PARKING
RESTRICTION!
PROHIBITED
IN
DESIGNATED
PLACES”
OF
THE CITY
OF
DEE
FIFTH
AVE.:
PLAINES CITY CODE.
Motion declared carried as approved
Consent
unanimously under Consent Agenda.
Agenda
ORDINANCE
Moved by Murphy,
seconded by Sayad,
to adopt Ordinance
z-3-03
Z-3-03, AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW
CONDIT. USE!
THE OPERATION OF A CLASS B RESTAURANT,
LOCATED AT 152?
1526 MINER:
MINER
STREET,
DES
PLAINES,
ILLINOIS,
(CASE
03—03—CU).
Consent
Motion declared carried
as
approved unanimously
undei
Agenda
Consent Agenda.
ORDINANCE
Moved by Beauvais,
seconded by Ch±fstiansen,to advance
T-3-03
to
Second
Reading
and
adopt
Ordinance
T—3—03,
A~
TRAFFIC
ORDINANCE AMENDING TITLE X, “TRAFFIC” CHAPTER 7, “THROUGH
RESTRICTION!
AND STOP STREETS” SECTION, 3 “STOP STREETS” TO ADD A NEW
PERRY
ST.:
STOP. AT THE WESTBOUND LANE OF
PERRY STREET.
Upon
roll
call,
the vote was:
AYES:
8-Beauvais,
Christiansen, Murphy,
Sayad,
Brookman,
Becker,
Smith, Argus
NAYS:
0—None
ABSENT:
0-None
Motion declared carried.
ORDINANCE
Moved
by
Sayad, seconded by Becker,
to adopt Ordinance
M-9-O3
H-9-03, AN ORDINANCE AMENDING THE CITY CODE OF THE
CIT’x
DRIVING
OF DES PLAINES, TITLE X, “TRAFFIC” CHAPTER 9, “LICENSES’
RESTRICTIONS:
TO ADD A
NEW SECTiON
9,
TITLED
“PENALTY
FOR
DRIVING
WITHOUT A LICENSE,
OR
DRIVING ON A SUSPENDED LICENSE.’~
Upon roll call,
the vote was:
AYES:
8—Beauvais,
Christiansen,
Murphy,
Sayad,
Brookinan,
Becker,
Smith, Argus
NAYS:
0-None
ABSENT:
0—None
Motion declared carried.
MAYOR ARREDTh
DECLARED
THAT THE CITY COUNCIL
WAS
NO~
RESOLVED
INTO A COMMITTEE OF THE
WHOLE
FINANCE
& ADMINISTRATION
-
Alderman
Sayad, Chair
HEALTH
‘
City Attorney Wiltse reviewed the status of the meeting!
INSURANCE
,
that have been held with the Staff and retirees regarding
PREMIUMS
health insurance premiums for retired City employees; the
RETIRED
CITY
matter had been postponed on 11/4/02,
11/18/02, 12/16/02
EMPLOYEES:
and 1/20/03; the City acknowledges that 37 retirees were
overcharged
in
the
total
amount
of
$19,704.89;
these
credits
will
be
off—set
against
monies
owed
by
the
retirees for the currently-due premiums.
Both Alderman Argus and Murphy stated that maybe the City
should look
for a supplemental plan for Medicare for the
retirees;
Blue Cross/Blue Shield
should
explain
their
plan;
it doesn’t make sense.
Director of Finance Egeberg
stated that
a supplemental
plan for Medicare
for
‘the
retirees
would cost the City
approximately
$2 million.
Alderman Sayad stated that some research needs to be done
on this matter.
Mrs. Linda Laffey,
1888 Fargo Aver~ue, vice president of
the
Retired•
Employees
Association,
addressed
the
Committee
of
the
Whole
stating
that
they
have
been
working on
this for over one
C1
year;
she thanked the
City for correcting the
rate error,
but their issue
is
with the Medicare cost; they are asking for a fair rate.
PAGE
SEVEN
HEALTH INS.
Alderman Sayad stated that the S•f
will get the answers
(Cont’d.)
to
the
aldermen’s
and
retirees’
questions;
Staff will
have
a representative of Blue Cross/Blue Shield explain
their plan;
investigate
a supplement plan for Medicare;
and report back to the Committee
of the Whole.
WARRANT
Moved by Beauvais, seconded by Argus, to recommend to the
REGISTER:
City Council approval of the February 18, 2003
—.
Warrant
Register,
in
the
total
amount
of
$2,710,822.28;
and
further recommend that Resolution R—25—03 be adopted at
appropriate time this evening.
Motion declared carried.
PUBLIC SAFETY
-
Alderman Beauvais, Chair
PROPOSED
Mr.
Randy ~Yohnson,Chairman
of
the
Board
of
Fire
and
AMENDMENTSJ
Police
Commissioners,
addressed
the
Committee
of
the
BOARD
OF FIRE
Whole regarding the proposed changes to the Fire
& Police
&
POLICE
Commission Rules regarding promotional testing, which had
COMMISSiONERS
been referred back
to
the Public Safety Committee and
RULES
&
REGS:
Board of Fire
6 Police Commissioners on February 3, 2003.
Mr.
.Yohnsori stated that
the Commissioners are still
of
the belief that
70
of the highest
achievable
score
is
the better way to
go,
but they have agreed that if
the
City Council wishes to instead select Option B and have
a minimum passing of 70,
they would concur with that.
Alderman Sayad stated that.he agrees with Option B.
Mr.
Cohn
Carroll,
President
of
the
Des
Plaines
Professional
Firefighters
Association,
addressed
the
Committee
of
the’Whole stating
that
his
organization
supports these proposed changes.
Moved
by
Sayad,
seconded
by
Becker,
to
recommend
to
the
City Council to approve Option B of the proposed changes
to the Revised Rules and Regulations of the Board of Fire
&
Police Commissioners, and Ordinance M-12—03 be placed
on
First
Reading
at
appropriate
time
this
evening.
Motion declared carried.
PUBLIC WORKS
-
Alderman Brookman, Chair
TRANSFER
Alderman
Brookman
reviewed
the
request
from
Disposal
STATION
Management
Systems,
101—103
Sell
Road,
for
a transfer
PERMIT!
.
station permit from the 12.linois Environmental Protection
101-103 SELL:
Agency
(IEPA),
which
requires
approval
of
the
municipality in which
they are
located before
seeking
approval from the IEPA.
Moved by Beauvais,
seconded
by Becker,
to
concur with
Staff
recommendation and recommend to the City Council
to
approve
the
construction
and
demolition
transfer
station
application
to’ the
Illinois
Environmental
Protection Agency for Disposal Management Services,
101-
103 Sell Road.
Motion declared carried.
COMMUNITY DEVELOPMENT
-
Alderman
Becker,
Chair
ZONING
CASE
Acting
City
Manager-EDO
Director
Schneider
reviewed
his
02-79-A
memo of ~anuary28, 2003, regarding the request for a Map
MAP
AMEND.!
Amendment
to change
the zoning
from R—1
Single—Family
1601-03—09
Residential District
to C—3 General Commercial District
HILLS
AVE.:
for ‘property located
at 1601—03-09
Hills Avenue
(River
and
Rand
Roads
intersection);
the
Des
Blames
Plan
Commission
voted
2-1
in favor
of the rezoning and
the
recommended
conditions,
but
motion
failed
because
three
(3) votes are required for passage; the Staff. recommends
approval of the rezoning and the recommended contht~.ons,
which are:
BILLS
AVE.
-—construction
of
the
proposed
tail
use
must
begin
(Cont’d)
within
one
year
of
City
Council
royal
or
the
zoning
classification
will
revert
to
R—1
Single—Family
Residential District;
——petitioner
must
submit
a fully
dimensioned
and detailed
site
plan
and
separate
landscape
plan
for
Staff
review,
comment
and
approval,
before
applying
for
a
building
permit;
——there
be
no
access
to
Hills
Avenue;
——a
landscape
buffer
be
constructed
along
the
entire
Hills
Street
frontage
consisting
of
a
6—8
foot
high
opaque
wall
built
of
face
brick
and/or
other
approved
material;
the
wall
shall
beset
back
5—10
feet
from
the
petitioner’s property line along Hills Avenue and
contain
trees,
shrubs
and
grass
and/or
plant ground cover.
The petitioner, Dan Pontarelhi, Pontarelhi Builders, 7001
W.
Higgins
Road,
Chicago,
IL
60656,
addressed
the
Committee
of the Whole and answered questions from the
aldermen;
he
wants
to attract
the
highest
quality
of
retailers
for
that
corner.
Alderman
Becker stated that
he
is concerned that there
is not enough of
a buffer between this project and the
neighbors; this developer should be encouraged but
the
project
needs more work;
he
is
not
ready
to vote
this
evening.
Alderman
Beauvais
stated
that
there
have
been
no
meetings
with the residents in the
area;
we should not piece meal
this
property;
that
corner is
such
an
eyesore;
the
access
to
Hills
Avenue
is
a
big
issue
with
her;
how
will
the
traffic
flow?;
we
need
to
know
what
we
will
be
putting
on
this
site.
Mr. Pontarelli stated that he will work with the City to
“work out the bugs.”
Alderman
Sayad thanked Mr.
Pontarelli
for his
interest
in this corner; he should meet with the Ward alderman and
maybe the Economic Development Commission; he should come
back with
a solid plan.
Alderman ?rookman stated that she did some research with
the County and these lots are both legal and buildable;
we
need
to
clear
this
up.
Alderman
Becker
stated
that
the
Staff
and
Mr.
Pontarelli
with meet and work on these concerns of the aldermen.
Both Alderman
Smith and Argus agreed that the rezoning
should
be
granted;
the
project
will
come
back
to
the
aldermen at another time.
Mr. Pontarelli stated that the
rezoning
will
help
him get
retailers.
Mr.
Gary
Danfield,
655
River
Road,
addressed
the
Committee
of
the
Whole,
stating that
there
have
been
problems
in
this
area
for
a
long
time;
Hills
Avenue
should not come out onto River Road; we may need to make
some concessions as to what can go there.
Ms.
Linda
Caruth,
1868
Bennett
Place,
addressed
the
Committee
of
the
Whole
asking
if
this
property
is
in
the.
flood
plain;
the
audience
needs
to
see
what
the
petitioner is presenting.
The, owner of the corner property addressed the Committee
of
the
Whole
stating
that
he
is
meeting
with
the
City
about
cleaning
up
his
property;
he
has
an
engineer
looking
at
this
site.
Mr.
Ken
Johnson,
1602
Hills
‘
Avenue,
addressed
the
Committee of
the
Whole
stating
that
‘he
has lived
here
40
years;
he objects
to.
this
zoning’ change;
there
would be
flooding, noise,,lighting and traffic problems; the City
should improve this corner but not with a zoning change.~
k’Atin
t41•1’15
HILLS AVE.
Mr.
Dan
Gaspar,
1619
Hills
•nue,
addressed
the
(Corit’d.)
Committee
of
the
Whole
stating
that
he
would be
impacted
by
this
project
because
his
house
is
right
next
door;
the
lig1~ts would be shining on him; we need time to express
our
concerns;
something
has
to
•be
done
with
this
property,
but
look
at
the
corner
first.
Alderman Beauvais stated that she would like to meet with
Alderman
Becker,
Acting
City
Manager—EDC
Director
Schneider,
the
owner’ of
the
corner
property and
Mr.
Pontarelli to discuss this
matter.
Moved by Brookinan,
seconded by Beauvais,
to
recommend.
to
the
City
Council
that
further
discussion
on
Zoning
Case 02-79-A regarding a Map
Amendment
to rezone property
located
at
1601—03-09
Hills
Avenue
from
H—i Single-Family
Residential
District
to
C—3
General
Commercial
District
be
POSTPONED
until April
21,
2003.
Motion
declared
carried.
MAYOR
ARREDIA ASSUMED
THE
CHAIR
AND
DECLARED
THE CITY
COUNCIL
BACK
IN
SESSION
ORDINANCE
Moved by Sayad,
seconded by Smith,
to adopt Ordinance M-
M-~2-03
2-03, AN ORDINANCE FOR THE VACATION OF THE CHURCH STREET
CHURCH
ST.
RIGHT-OF-WAY,
WEST
OF
BELLAIRE
AVENUE,
INCLUDING
THE
RIGHT-OF-WAY
VACATION OF THE WATER
MAIN
EASEMENT WITHIN SAID RIGHT-
VACATION:
OF-WAY.
Upon roll
call,
the vote was:
AYES:
8-Beauvais,
Christiansen, Murphy,
Sayad,
Brookxnan,
Becker,
Smith, Argus
NAYS:
0-None
ABSENT:
0-None
‘
.
Motion
declared
carried.
ORDINANCE
Moved by
Sayad,
seconded by Murphy,
to place
on
First
M-11-03
Reading
Ordinance
M-11-03,
AN
ORDINANCE
AMENDING
TITLE
REVISIONS!
I,
“ADMINISTRATIVE”
CHAPTER
6,
“CITY
COUNCIL”
TO
ADDRESS
CITY COUNCIL
CERTAIN HOUSEKEEPING MATTERS (formerly 1-6—8 and 1—6—9).
RULES:
Motion declared carried.
Alderman
Brookrnan
requested
that
the
record
show
that
she
is voting no on Rule VIII and Rule XXVIII.
ANNEXATION
Moved
by
Sayad,
seconded
by
Becker,
to
concur
with
AGREEMENT!
recommendation
of
Coxnmitteeof
the
Whole
held
February
9661 GOLF:
10,
2003,
to
approve
the
Water’s
Edge
Condominium
project
and annexation agreement proposed for property
Resolution
located
at
9661
Golf
Road
(formerly
Fisherman’s
Dude
R-26-03
Ranch),
including the access
roadway from Golf Road to
the
Bay
Colony
parking
lot,
contingent
upon
results
of
traffic studies to be completed within the next two
(2)
weeks;
and
further recommend to adopt Resolution R—26-
03,
A
RESOLUTION
AUTHORIZING
THE
EXECUTION
OF
AN
“ANNEXATION
AGREEMENT”
FOR
THE
PROPERTY
COMMONLY
KNOWN
AS
9661
GOLF
ROAD,
“WATER’S
EDGE
CONDOMINIUMS”
BY
THE
MAYOR AND ATTESTED TO BY THE CITY CLERK OF THE CITY OF
DES
PLAINES.
Upon roll call, the vote was:
AYES:
8-Beauvais,
Christiansen,
Murphy,
Sayad,
Brookman,
Becker,
Smith,
Argus
NAYS:
.0-None
ABSENT:
0-None
Motion declared carried.
WARRANT
Moved
by
Sayad,
seconded
by Christiansen, to concur with
REGISTER:
recommendation
of
Committee
of
the
Whole
to
adopt
Resolution
R-25-03,
BE
iT
RESOLVED
BY
THE
CITY
COUNCIL
Resolution
OF THE CITY OF DES PLAINES
THAT
THE
FOLLOWING
BILLS
ARE
R-25-03
DUE AND PAYABLE AND
THAT
THE
MAYOR AND
CITY CLERK BE AND
ARE
HEREBY
AUTHORIZED
TO
MAKE
PAYMENT
FOR
SAME.
Total:
$2,710,822.28.
Upon roll call, the vote was:
AYES:
8-Beauvais,
Christiansen,
Murphy,
Sayad,
Brookmari,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT:
0-None
Motion
declared
carried.
AMENDMENTS!
Moved
by
Beauvais,
seconded
by
‘yad,
to
concur
with
BOARD
OF
TI
recommendation
of
Committee
‘of
e
Whole
to
approve
&
POLICE
Option
B
of
the
proposed
changes
to
the
Revised
Rules
COMMISSIONERS
and
Regulations
of
the
Board
of
Fire
&
Police
RULES
&
BEGS:
Commissioners,
and
place
on
First
Reading
Ordinance
M—
12—03.
Motion declared carried.
Ordinance
14-12-03
Moved by
Beauvais,
seconded by
Becker,
to
advance
to
Second
Reading
and
adopt
Ordinance
M-12-03,
AN
ORDINANCE
ADOPTING
THE
AMENDMENTS
TO
THE
REVISED
RULES
AND
REGULATIONS OF THE BOARD OF FIRE
& POLICE COMMISSIONERS.
Upon
roll
call,
the
vote
was:
AYES:
8—Beauvais,
Christiansen, Murphy,
Sayad,
Brookman,
Becker,
Smith,’
Argus
NAYS:
0-None
ABSENT:
0-None,
Motion declared carried.
TRANSFER
Moved
by
Brookinan,
seconded
by
Christiansen,
to
concur
STATION
with recommendation of Committee of the Whole to approve
PERMIT
the
construction
and
demolition
transfer
station
101—103 SELL:
application
to
the
Illinois
Environmental
Protection
Agency
for Disposal
Management
Services,
101—103
Sell
Road.
Upon
roll
call,
the
vote
was:
AYES:
8-Beauvais,
Christiansen,
Murphy, Sayad,
Brooknian,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT:
0-None
Motion declared carried.
ZONING
CASE
Moved by Becker,
seconded by
Brookinan,
to
concur
with
02-79—A
recommendation
of Committee
of the Whole
that
further
MAP
AMEND.!
discussion
on
Zoning
Case
02-79-A
regarding
a
Map
2601-03-09
Amendment to rezone property located at 1601—03—09 Hills
fILLS
AVE.:
Avenue from R—1 Single-Family Residential District to C—
3 General Commercial
District be
POSTPONED until
April
21,
2003.
Motion declared carried.
BID
DATE!
,
City Clerk McAllister announced that the bid return date
EMERG.
‘IEE.
for the 2003 Emergency Vehicle Priority Systems has been
PRIORITY
changed from February 20,
2003,
to 3:00 p.m.,
Thursday,
SYSTEMS:
February 27,
2003.
ORDINANCE
Moved by Smith, seconded by Argus,
to advance to Second
14—11-03
Reading
and
adopt
Ordinance
M-11—03,
AN
ORDINANCE
REVISIONSJ
AMENDING
TITLE
I,
“ADMINISTRATIVE”
CHAPTER
6,
“CITY
CITY
COUNCIL
COUNCIL”
TO
ADDRESS
CERTAIN
HOUSEKEEPING
MATTERS
RULES:
(formerly
1—6—8
and
1—6—9).
Upon roll call,
the vote
was:
AYES:
8-Beauvais,
Christiansen, ‘Murphy,
Sayad,
Brookman,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT:
0-None
Motion
declared
carried.
Alderman
Brookman
requested
that
the
record
show
that
she is voting no on Rule VIII and Rule XXVIII.
AJOURNMENT:
Moved by Becker, seconded by Brookxnan,
that the regular
meeting
of
the City Council
adjourn.
Motion declared
carried.
~
Donna McAllister,
MMC
-
CITY CLERK
APPROVED
BY
ME
THIS
__________
DAY
OF
-,
2003
Anthony
W.
Arredia,
MAYOR
Name ofApplicant:
Address of Applicant:
Name ofSite:
Site Information:
1.
‘On
.•LLINOIS
ENVIRONMENTAL P,ECTION
AGENCY
1021
NORTH G~ND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
RENEE CIPRIANO,
DIRECTOR
CERTIFICATIONOF SITNG
APPROVAL (LPC.PA8)
~
~
~
,‘~
~
~Q.
7
~cpcScX
~~4
~
~e~c4&
Nearest City:
42kg ~
1’i-~~2(
County:
~
‘
-.
-
,~±~the
C~
~
of
(governing body of county or municipality)
~
approved the
site
location suitability of_______________
(county or
rnunicipa’lTty)
(name
site)
as a new pollution control facility in
accordance with Section
39.2 ofthe Illinois Environmental
Protection Act, III. Rev.
Stat., ch.
111
V2,
Section
1039.2.
2.
The facility was approved for the following activities:
waste storage
(_),
landfill
(_),
waste disposal
L..),
waste transfer station
waste treatment
(..........),
waste incinerator
(_).
3.
Attached to this certification
is
a true and correct
statement of
the
legal description of the site as
it
was
approved
by
the
aforementioned
local governing
body.
?c~e-
l’~i~J.
4.
Attached
to
this
certification
is
a true and accurate
statement of conditions,
if
any, under which the
approval was provided.
(Note:
These conditions are provided for information only to
the IEPA.
The
JEPA
is not obligated to
monitor or enforce local conditions.)
5.
The undersigned has been authorized
by
the
Ci
i—~i
C-c~__rs.t.t&
of
(governing body of county or municipality)
~s
P(C-r_S~.~
to execute
this certification on
behalf
of
OcL~j
e~
~
(county or municipality)
(county or municipality)
NAME:
____
TITLE:
MAYOR
CITY
CLERK
..-.-—•‘•“l•-—l•.”
RYAN,
GOVERNOR
PR~TED0’.
R:c~cLEo
PAPER
6
SUBSCRIBED AN
this3~
day of
TO BEFORE
ME
II. ~
I.1(
2
I’
R~v
Alli
‘~)(~
SEAL’
NoIa,y
Public,
State
oflflj~0f~
Commission Eipircs
2-13.06
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH GRAND AVENUE
EAST,
P.O.
Box
1 9276,
SPRINGFIELD,
ILLINOIS
62794-9276
RENEE CIPRIANO,
DIRECTOR
CERTIFICATIONOFSITNG APPROVAL(LPC-PA8)
Name of Applicant:
~/3~Pe
~J! /27~~
~
Address of Applicant:
/c2
~
~
~L~.k’
Name of Site:
~
i~pc).S
1~L-(
‘0~i
~y-~’&
,~Je~-s-t~
/
~
~
/e
(t~4~
Site Information:
Nearest City:
P~.?P4~
“-~c,,~7’
County:
~
L
1.
‘On
February
18
,)~.Q~3theCity of Des Plaines
of
(governing body ofcounty
or municipality)
Cook
County
approved the site location suitability of _________________________
(county or municipality)
(name
site)
as a new pollution control facility
in accordance
with Section 39.2 of the Illinois Environmental
Protection Act, Ill. Rev. Stat., ch.
111 ½
,
Section
1039.2.
2.
The facility was
approved for the following activities:
•waste storage
(..............),
landfill
(_),
waste disposal
(_),
waste transfer station
(...??1)
waste treatment
(_),
waste incinerator
(_).
3.
Attached to this certification
is a true and
correct statement of the legal
description ofthe
site as
it
was
approved by the aforementioned local governing body.
~
~p
4.
Attached to this certification is a true and accurate statement of conditions,
if
any, under
which the
approval
was provided.
(Note:
These conditions are provided for information only to the IEPA.
The
IEPA is not obligated to monitor or enforce local conditions.)
5.
The undersigned has been authorized by
the
City
Council
of
(governing body of county or municipality)
the
City
of
Des
Plai11O~xecute
this certification
on behalfof. the
City
of
Des
Plaines
(county or municipality)
.1~u
.tv or municipality)
~
OFACIAL
SEAL
-~
DONNA
L
CATLETI
~ICiIAIW
PU13UC,
STATE
OF
lwi~o~
_________________________________
~
C
M~ION~
.~‘
jah\002$92p.doC
II.5~2
1421)
LI’(’ 21I~
Rcv.
Apr.-96
NAME:
-
TITLE:
‘MAYOR
ATTST:’
.
.
Deputy~ity
Clerk
11ih
A~~uwy
is
a~itI
R,~vLsed
~
I
III lIli$.iIII~lflhII’I.,II
.
—‘
—
GEORGE
I-i.
RYAN, GOVERNOR
~~iiiouih~
~
7,
Notary Public
PRINTED ON
RECYCLED PAPER
PROOF OFSERVICE
Patricia F. Sharkey, an attorney, hereby certifies that she served a copy ofthe foregoing
Notice of Filing
and Motion
for
Reconsideration on the persons listed below by UPS Overnight
Delivery, on May 1, 2003.
Mayor Anthony W. Arredia
City ofDes Plaines
City Hall
1420 Miner Street
Des Plaines, IL
600 16-4498
Donna McAllister
City Clerk
City of Des Plaines
City Hall
1420 Miner
Street
Des Plaines, IL
60016-4498
Joe Anderson
Disposal Management Systems, Inc.
420
Cutters Mill Lane
Schaumburg, IL
60194
Joe Anderson
Disposal Management Systems, Inc.
103
Sell Road
Des Plaines, IL
60018
~tr~a~&key
THIS DOCUMENT Is FILED ON RECYCLED PAPER
