R~~•EiVED
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOAIZtP~’SOFPT(~
APR
2
2003
SOLID
WASTE AGENCY OF NORTHERN
)
STATE OF ILLINOIS
COOK COUNTY,
)
Pollution Control
Board
)
Petitioner,
)
)
vs.
)
No. PCB 03-161
)
CITY OF DES PLA1NES, ILLINOIS and,
)
(Pollution Control Facility
DISPOSAL MANAGEMENT SYSTEMS, INC.
)
Siting Facility)
)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Proofof Service
PLEASE TAKE NOTICE that on April
1, 2003, we filed with the Illinois Pollution
Control Board, nine copies and an original of the attached Solid Waste Agency ofNorthern Cook
County’s
MOTION FOR LEAVE TO FILE AMENDED PETITION
and
AMENDED
PETITION FOR HEARING TO CONTEST SITE LOCATION APPROVAL
in the above
entitled matter.
SOLID WASTE AGENCY OF NORTHERN
COOK COUNTY
By:______
On~of
Its Attorneys
/
Patricia F.
Sharkey
Mayer, Brown, Rowe & Maw
190 South LaSälle Street
Chicago, IL
60603
312-782-0600
Attorney Registration No.
6181113
THIS DOCUMENT IS FILED ON RECYLED PAPER
KECEIvED
BEFORE THE ILLINOIS POLLUTION CONTROL BOi
EF~”~
~
APF~
2
2003
SOLID WASTE AGENCY OF NORTHERN
)
STATE OF
ILLINOIS
d
COOK COUNTY,
pollution
Control
oar
)
Petitioner,
)
)
vs.
)
No. PCB 03-161
)
CITY OF DES PLA1NES, ILLINOIS and
)
(Pollution Control Facility
DISPOSAL MANAGEMENT SYSTEMS, INC.,
)
Siting Facility)
)
Respondents.
)
MOTION FOR LEAVE TO FILE AMENDED PETITION
Petitioner Solid Waste Agency ofNorthern Cook County (“SWANCC”) by Mayer,
Brown, Rowe & Maw, its attorneys, respectfully moves the Board for leave to file the attached
Amended Petition to
amend the caption in this matter to include Disposal Management Systems,
Inc. (“DMS”) as a named co-respondent in this proceeding.
In support ofthis Petition,
SWANCC states
as follows:
1.
On March 24,
2003, SWANCC filed a Petition requesting a hearing to contest the
decision ofthe City of Des Plaines, Illinois (“City”) approving the siting ofthe proposed
DMS
transfer station facility.
2.
DMS
is the siting applicant in this case. DMS was named and discussed in the
petition as the siting applicant, but DMS’ s name was inadvertently left out ofthe caption.
3.
No prejudice has occurred in this matteras the Petition is otherwise unchanged
and the Board has not yet issued an
order accepting this matter for hearing or otherwise issued an
order in this matter.
THIS DOCUMENT IS FILED ON RECYCLED PAPER
WHEREFORE,
SWANCC respectfully requests that the attached Amended Petition,
with corrected caption, be accepted for filing.
April
1, 2003
Respectfully submitted,
Patr~~~~
On Behalfof Petitioner
Patricia F.
Sharkey
Mayer, Brown, Rowe & Maw
190 South LaSalle Street
Chicago, Illinois 60603
(312) 782-0600
THIS DOCUMENT IS FILED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SOLID WASTE AGENCY OF NORTHERN
)
COOK COUNTY,
)
)
Petitioner,
)
)
vs.
)
No. PCB 03-161
)
CITY OF DES PLAINES, ILLINOIS and
)
DISPOSAL MANAGEMENT SYSTEMS, INC
)
(Pollution Control Facility
)
Siting Facility)
Respondents.
)
AMENDED PETITION FOR HEARING
TO
CONTEST SITE LOCATION APPROVAL
Petitioner Solid Waste Agency ofNorthern Cook County (“SWANCC”) by Mayer,
Brown, Rowe & Maw, its attorneys, respectfully requests
a hearing to contest the decision ofthe
City ofDes Plaines, Illinois (“City”) approving the siting of the proposed Disposal Management
Systems,
Inc. (‘DMS”) Transfer Facility (“DMS Facility”).
In support of this Petition,
SWANCC states as follows:
1.
This Petition is filed pursuant to
Section 40.1(b) ofthe Illinois Environmental
Protection Act (the
“Act”)
(415
ILCS
5/40.1).
2.
On August
5,
2002, DMS submitted its
requestfor site location approval to the
City of Des Plaines.
The DMS request proposes to locate a waste transfer station on what is
described as a 200 ft by 200 ft facility site at 101-103 Sell Road in the City of Des Plaines,
Illinois which is currently owned and operated by DMS as a construction and demolition debris
recycling center. The existing recycling center was not required to obtain a permit issued by
the
Illinois Environmental Protection Agency because it handles only wastes which are at least
75
recyclable.
However, the proposed transfer station requires both an Illinois Environmental
THISDOCUMENT IS FILED ON RECYCLED PAPER
Protection Agency
permit and pollution control facility siting approval under
Section 39.2 of
the Act because it will be allowed to handle waste without restriction as to the amount that is
recycled. The application does not state the amount ofwaste anticipated to be handled or
recycled by the proposed transfer station on a daily or aimual basis.
3.
On December 2, 2002, following service and publication of notice, a seven
minute hearing was conducted on the DMS
siting application by the City ofDes Plaines City
Council.
No other public hearing was held on the DMS
transfer station siting application.
4.
SWANCC was the sole public participant in the December 2, 2002 hearing.
As is
reflected in
the minutes of the December 2, 2002 City Council meeting, SWANCC’s Executive
Director Brooke Beal presented testimony on behalfof SWANCC at the December 2, 2002
hearing. Mr. Beal also filed written comments on behalfofSWANCC during the subsequent
public
commentperiod. A true and correct copy of the minutes ofthe December 2, 2002 City
Council meeting is attached hereto as Exhibit
1. A true and correct copy ofthe written comments
filed by
S WANCC on December 31, 2002 is attached hereto as Exhibit 2.
5.
On February
18, 2003, the City of Des Plaines City Council approved the siting of
the DMS Facility, without conditions, as is reflected in the attached minutes ofthe City Council
meeting.
A true and correct copy ofthe February
18, 2003
City Council Meeting Minutes
approving the siting ofthe DMS Facility is attached hereto as Exhibit 3.
Inresponse to a
Freedom ofInformation Act request requesting a copy ofthe “final written decision,” the City of
Des Plaines stated:
“Attached is
a certified copy ofthe minutes of the February
18, 2203
meeting ofthe Des Plaines City Council at which the City Council voted
to approve the transfer station application (page7). Also attached is a copy
ofthe Certification ofSiting Approval (LPC-PA8), signed by Mayor
Anthony W. Arredia and attested by City Clerk Donna McAllister. A letter
will be
sent to Disposal Management
Systems,
Inc. the week of March 24,
2
THIS DOCUMENT IS FILED ON RECYCLED PAPER
2003,
along with the Certification, describing the
conditions of approval.
A copy will be
sent to SWANCC.”
A true and correct copy of a March 21, 2003
memorandum from Ruth Broder,
City of
Des Plaines Community Development Coordinator, included with the City ofDes Plaines March
21,
2003
FOIA response is attached hereto as Exhibit 4.
A true and correct copy ofthe Illinois
Environmental Protection Agency form LPC-PA8 titled “Certification of Siting Approval”
signed by Anthony W.
Arredia, Mayor ofthe City of Des Plaines, on March 3, 2003
is attached
hereto as Exhibit
5.
6.
SWANCC is an Illinois not-for-profit unit of local government which was formed
in 1988
under the Illinois Intergovernmental Cooperation Act.
Its membership includes 23
Cook
County municipalities.
SWANCC participated in the public hearing conducted by the City of
Des Plaines on December 2, 2002, and therefore has standing to contest this siting approval
pursuant to Section 40.1
(b) ofthe Act.
7.
SWANCC contests
and objects to the City of Des Plaines’ decision to
approve the
siting of the DMS Facility because the siting process and procedures used by theCity of
Des Plaines in reaching that decision were fundamentally unfair.
8.
SWANCC further contests the City of Des Plaines’ siting approval because it is
wholly unsupported by the record and is against the manifest weight ofthe evidence.
9.
SWANCC further contests the City of Des Plaines siting approval because its
siting procedures failed to produce a sufficient record for review and otherwise failed to meet the
requirements ofthe Act.
3
THISDOCUMENT IS FILED ON RECYCLED PAPER
WHEREFORE, SWANCC respectfully requests that the Board enter an
order (a) setting
for hearing this
contest of the City of Des Plaines’ siting approval decision, (b) reversing the City
ofDes Plaines’ Siting approval decision, and (c) providing such other and further relief as the
Board deems appropriate.
Dated:
April
1, 2003
Respectfully submitted,
SOLID WASTE AGENCY OF NORTHERN
COOK COUNTY
By:______
On
of Its Attorneys
Patricia F.
Sharkey
Mayer, Brown, Rowe & Maw
190 South LaSalie Street
Chicago, IL
60603
312-782-0600
Attorney RegistiationNo. 6181113
FirmNo.:
38918
4
THISDOCUMENT IS FILED ON RECYCLED PAPER
Exhibit
1
MINtJTES
OF
THE
~PEGtYLAP.
MEETING
OF
THE
CITY
COtJNCIL
OF
THE
CITY
OF
DES
PLAIN~S,
ILLINOIS
HELD
IN
THE
ELEM~OR
ROHPBACH
HEMORIAL
COUNCIL
CRPI~ERS,
DES
PLAINES
CIVIC
CENTER,
MONDAY,
DECEMEER
2,
2002
CALL
TO ORDER: The regular meeting of the City Council of
the City of
Des
Plaines,
Illinois,
was
called
to
order by
Mayor
Anthony W. Arredia at 7:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers,
Des
Plaines Civic Center on
Monday,
December 2,
2002.
ROLL CALL:
Roll
call
indicated
the
following
aldermea present:
Beauvais,
Christiarisen,
Murphy, Sayad, Brooknian,
Becker,
Smith, Argus.
Also present
were:
City
Manager Miller,
Assistant
City Manager—EDC
Director Schneider,
Director of Finance Egeberg,
Police Chief Ryan, Fire
Chief Farinella,
Director of Engineering Oakley, Director of Public Works
Dusckett,
Director of
Human Resources
&
Services
Merriman,
Assistant
Director of
Human
Resources
&
Services
Bajor,
Director of Emergency
Communications Ornberg, Assistant City Attorney Bartel and City Attorney
Wiltse.
PRAYER AND
The opening prayer was
given by City Clerk McAllister,
PLEDGE:
followed by the Pledge of Allegiance.
RECOGNITION:
Mayor
Arredia
and
Alderman
Sayad
recognized
those
students
and
teachers
who
participated
in the
recent
Muscular Dystrophy Walk—A-Thon to raise money for their
summer
camp;
a
representative
from
the
Muscular
Dystrophy Association accepted a check in the amount of
$950 from the students and in return presented them with
a plaque of appreciation.
PUBLIC
MINUTES OF
THE
PUBLIC
HEARING
HELD
IN THE
HEARING!
ELEANOR ROHRBACH
MEMORIAL
COUNCIL CHAMBERS,
TRANSFER
DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 2,
STATION/b.—
2002
103 SELL RD.:
CALL
TO
Mayor Arredia called the Public Hearing to order at 7:12
ORDER:
p.m.
The
Public
Hearing was
being
held pursuant to
legal notice to obtain public comment on the application
by
Disposal
Management
Systems,
Inc.,
For
a
Transfer
Station Permit for
a facility to be located at 101—103
Sell Road
DISCUSSION:
Director
of
Economic• Development
Schneider
reviewed
request from Disposal Management Systems,
Inc. for a new
permit from the State of Illinois that would allow them
to operate as a Transfer Station rather than a recycling
facility;
by
operating
as
a
transfer
station,
the
company could accept loads of materials containing less
than
75
of materials
that can be recycled;
currently
the
company
must
send
all
loads
they
receive
that
contain less than 75
recyclable material directly
to
the landfill.
Mr.
C.
Brooke
Beal,
Executive
Director,
Solid
Waste
Agency of Northern Cook County,
1616
E. Golf Road,
Des
Plairies,
addressed
the
City
Council
stating
their
opposition to this request; they have not demonstrated
a need;
there are
other places that could accept this
material.
Petitioner Rick Anderson,
Disposal Management Systems,
Inc.,
addressed
the
City
Council
stating
that
this
facility serves
a great need for the surrounding area;
they recycle construction debris; very few fac3.l1t~.esdo
that; this facility is located and operated in
a manner
12/2/02
PAGE TWO
PUB.
HEARING
that
will
protect
the
public’s
health,
safety
and
(Cont’d.)
welfare.
Mayor Arredia asked for public comment.
There was none.
The Public Hearing was adjourned at 7:19 p.m.
Th~eCity Council reconvened at 7:20 p.m.
PUBLIC
MINUTES OF
THE
PUBLIC
HEARING
HELD
IN
THE
HEARING!
ELEANOR
ROHRBACH MEMORIAL
COUNCIL CHAMBERS,
2002
TAX
DES PLAINES CIVIC CENTER,
MONDAY,
DECEMBER 2,
LEVY:
2002
CALL
TO
Mayor Arredia called the Pubic Hearing to order at 7:21
ORDER:
p.m.
The
Public Hearing was
being
held
pursuant
to
legal notice to discuss the proposed property tax levy
increase for the City of Des
Plaines for
2002 tax year
levy, in the amount
of $18,786,274,
which represents
a
15.3
increase over the previous year.
DISCUSSION:
Director of Finance Egeberg stated that the
amount of
the
tax
levy
can
be
adjusted
when
this
matter
is
discussed on December
3,
2002.
Mayor Arredia asked for public comment.
Mr. Vince
Powers,
862 Webster Lane,
addressed the City
Council
questioning why
this matter is on the Consent
Agenda; this is misleading to
the residents;
they think
it is
a done—deal.
Further
action
on
this
matter under
Consent
Agenda,
Items
4 and
4a.
The
Pu.bic Hearing was adjourned at 7:39 p.m.
The City Council reconvened at 7:40 p.m.
CITIZEN
Mr.
Gary .Danfield,
655
River
Road,
addressed the City
PAP.TICIPA,:
Council
stating
his
concern
about
the
condition
of
Pearson Street;
we
need to have that street
finished
before the snow starts; it is very dangerous.
Mrs. Cathy Stashak, 1753 Whitconib Avenue, address~dthe
City
Council
stating
she
is
a
retired
20—year
firefighter with the City of Des Plaines;
she is opposed
to
the
proposed
elimination
of
the
Fire
Prevention
Bureau;
it is
a
highly skilled group
which acts
as
a
front—line defense for the firefighters.
ORDINANCE
Moved by Sayad,
seconded by Murphy,
to POSTPONE
until
M-44-02
December
3,
2002,
discussion
on the
First
Reading
of
TELECOI*.~UN.
Ordinance
M-44—02,
AN
ORDINANCE
REPEALING
TITLE
V,
“BUSINESS REGULATIONS” CHAPTER 53,
“TELECOMMUNICATIONS
INFRASTRUCTURE
MAINTENANCE
FEE”
IN
ITS
ENTIRETY,
AND
REPLACING
IT
WITH
TITLE
V,
“BUSINESS
REGULATIONS”
CHAPTER 53,
“TELECOMMUNICATIONS TAX” IN THE CITY OF DES
PLAINES CITY CODE, scheduled to be heard under Committee
of
the
Whole
later
in
the
meeting.
Motion declared
carried.
MANCAP.I AUTO!
Moved by Smith,
seconded by Sayad,
to POSTPONE
until
77 RAND RD.:
January
6,
2003,
the matter of the Business
Development
Agreement and
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 Items
4,
4a,
20,
20a,
23
AGENDA:
and
23a
be
removed from the Consent Agenda;
Alderman
Murphy
requested that Items
5,
5a,
6,
6a,
7,
7a,
18,
18a,
19
and b9a; Alderman Brookman requested that
Items
21,
21a,
25 and 25a be removed; Alderman Beauvais
Exhibit
2
Members
Arlington
tleights
8arringtOn
buffalo
~rove
~k
Orove
ViHage
evanston
~lencoe
~enview
hoffman
estates
Inve.rnes5
~enilworth
Lincoinwood
Morton ~rove
Mount Prospect
Miles
Palatine
Park ~idge
Prospect heights
~ohhing
Meadows
5kokie
5outh
barrington
Wheeling
W~mette
VJinnetka
~5eorgeVan Dusen
Cha~ri
non,
Board of Directors
F~onaldVJietecha
Vice
Chairman,
Board
of Directors
William
FL
Eahhing
Secreay/TreesUrer,
Board of Directors
Chaiiman,
~aecutive
Committee
C.
Brooke Beal
ff~ecutiveDirectOr
Solid
Waste
agency of Northern
Cook
County
1616
east
~olf road
Des Plaines, flhino~60016.
Phone (847)
296-9205
Fax
(847) 296.9207
December 31,
2002
City of Des Plaines
1420 Miner/Northwest Highway
Des Plaines, Illinois
60016-4498
Re:
Public
Comments
on
the
Proposed
Transfer
Station
by
Disposal
Management Systems
To the City ofDes Plaines:
The following comments are submitted in response to the transfer station proposed
to be located at 101-103 Sell Road in Des Flames, flhinois. The facilityis proposed
by
Disposal
Management
Systems,
Inc.
(“DMS”),
which
currently
operates
a
recycling
center
for
construction
and
demolition
debris
at
the
proposed
site.
SWANCC has revi&wed the documents comprising the Application for local siting
approval per Section 39.2 of theIllinois Environmental Protection Act (the “Act”),
and
believes
that
the
applicant has
jj~
demonstrated
compliance
with
the
nine
criteria set forth by the Act. The Application is grossly inadequate and lacks critical
information formaking any determination regarding the suitability ofthesite foruse
as a solid waste transfer station. Therefore, SWANCC strongly recommends that the
City ofDes Plaines deny this application forlocal siting approval.
The Solid Waste Agency ofNorthern Cook County (“SWANCC”) is experienced in
the operations ofsolid waste transfer facilities, and is knowledgeable ofthe process
for obtaining
local
siting approval in flhinois.
SWANCC
was formed in
1988
to
manage
the solid waste needs of its 23 member towns. SWANCC developed
and
adopted a long-term solid waste management plan in1991, and has since workedto
implement
a
balanced
and
environmentally
safe
program
of
solid
waste
management.
SWANCC
owns
and
administers
the
operating
contract
for
the
WheelingTownship TransferStation, an 82,000-square foot state-of-the-art facility
located in Glenview.
Evaluation of the Application
DMS
is
requesting approval
to
convert its
existing
construction and demolition
(“C&D”) debris
recycling
facility into a
solid waste
transfer station.
The DMS
application
for
local
siting
approval
states
that
the
reason
for the
proposed
conversion is to allow the facility to accommodate loads ofC&D debris containing
less
than
75
percent
recyclable materials. For reference, Section 22.38 of the Act
requires that facilities accepting exclusively general C&D debris for transfer shall.
CITY
CLERK’S OFFICE
DES
PLAINES
VEC,3j.
12002j
www~swancc.org
City ofDes Flames
Page 2 of 10
December 31, 2002
limit thepercentage ofincoming non-recyclable general C&D debris to 25
percentor
less ofthe total incoming general C&D debris, as calculated on a daily basis. Solid
waste transfer slations are not subject to this limit. DMS claims
that the change in
status from
a C&D
transfer/recycling facility to a solid waste transfer facility is the
only proposed change to the existing facility, and therefore no modifications
to the
design or operations of the current facility are warranted.
_____
The citizens ofthe City ofDes Flames should be advised that while DMS commits
at this time to
accept only C&D debris, the facility would conceivablybe approved
to accept all
municipal solid waste
(i.e., refuse or garbage), including waste from
residential and commercial sources, in the future. Even if the City were to special
Solid
condition
its
approval
to
restrict
waste
acceptance
to
solely
C&D debris,
this
Vr/a
ste
condition
could be
modified
in
the
future
without
any further
public
process
or
consideration of the nine criteria. In addition, the Act provides that siting approval
1
ge
flCy
maybe transferred to subsequent owners oroperators, enabling others to develop the
propertyfor uses other thanthose proposed by DMS.
Section 39.2 (e-5) of theA~ct
•
states:
Northern
C
~
Siting approval obtained pursuant to this Section is transferrable and may be
0011
transferred
to
a
subsequent
owner or
operator. In
the
event
that
siting
County
approval
has
been
transferred
to
a
subsequent
owner
or
operator, that
subsequent
owner or operator
assumes
and
takes
subject to
any
an
all
conditions imposed upon theprior owneror operator by thecounty board of
the countyor governing body ofthe municipalitypursuant to subsection (e).
However,
any
such conditions
imposed pursuant to
this Section
may be
modified
by
agreement ‘between
subsequent
owner
or
operator
and the
appropriate county boardor governing body.
Further, in the event that siting
‘approval
obtained
pursuant
to
this
Section
has
been
transferred
to
a
subsequent owner oroperator, that subsequent owneror operatorassumes all
rights and obligations and takes the facility subject to any and all terms and
conditions
of
any
existing
host
agreement between
the
prior owner
or
operator and
the
appropriate
county board or governing body.
(emphasis
added)
For these reasons, the fullest level of compliance with the criteria set forth
by, the
Act should be expected of any applicantrequesting approval for a pollution control
facility. As
is
discussed below, the Applicant has failed to provide even minimal
documentation of compliance with
statutory criteria of Section
39.2. Approval of
DMS’
application would lower the bar not only on the current application, but on
any future applications as well.
City ofDes Flames
Page 3 of
10
December 31, 2002
Compliance with Section 39.2 of the Act
All
new pollution
control facilities
(including
transfer
stations) proposed
to
be
located in illinois are subjectto the requirements forlocal sitingapproval established
by Section 39.2 ofthe Act. Nine criteria are set forth by Section 39.2
(a), which are
the
exclusive factors
which the City of Des Plaines
may consider in determining
whether to grant siting approval. Section 39.2 (a) requires applicants for local siting
_______
approval to submit sufficient details describing theproposed facility to demonstrate
______
compliance with the nine criteria, and stipulates that local siting approval ~ha1lbe
granted only if the proposed facility meets the criteria.
The application submitted by DMS
consists solely of the following documents:
a
four-page narrative description ofthe facility;
a partially completed copy of IEPA
form
LPC-PA8
(C6rtification
of
Siting
Approval);
and
a
plat
of survey
and
topography.
No expert witness
testimony
was
presented at the
public hearing on
December
2,
2002
to
further describe
the
design
and
operation
of the proposed
facility. Indeed, theonly testimony presented was by SWANCC and, on rebuttal, by
an owner of DMS,
in
which
the owner agreed with the comments of SWANCC.
This record clearly does not demonstratecompliance with the nine criteriaofSection
39.2.
Criterion 1
-
Thefacility is necessary to accommodate the waste needs ofthe area
it is
intended to serve.
As an initial matter, DMS has not identified a service area for the proposedfacility,
beyond stating that “this
facility serves a great need for the surrounding area”. No
documentary evidence
was
presented in the record to indicatewhether “surrounding
area” means two feet, two miles or 20 miles. Becausethe service areais not defined,
the
City has no basis to evaluate compliance with Criterion
1.
Furthermore,
DMS
has
not ,demonstrated
that
the
facility
is
necessary
to
accommodate the waste needs ofthe intended service area. DMS justifiesthe need
for the facility solely on the following observations:
Recycling C&D debris will
save landfill
space;
Operating the facility will improve the quality of life of citizens
in
the area;
.
S
Recycling
C&D
debris
will
eliminate
the
need
for construclion
contractors to travel to Elgin to obtain gravel; and,
There are very few facilities that recycle C&D debris.
City of Des
Flames
Page 4 of 10
December 31, 2002
DMS
has not presented any evidence,
however, to support these observations. For
instance, DMS does not present a listofaggregateproducers to demonstratethat the
only
alternative
source of gravel
(aside from its
proposed
outlet
for recovered
concrete in Elk Grove Village) is located in Elgin.
Moreover,
DMS
argues
that
there
are
few
other
facilities
that
are
capable
of
providing C&D recycling service. SWANCC is aware ofa numberof facilities in the
area that provide this service, including:
Groot Recycling and Disposal (transfer station located about 1/4 mile
southwest ofthe proposed facility)
S
American
Wood
(C&D
processing
facility located
in
Hoffman
Estates)
Vulcan Materials (located in Elk Grove Village)
Orange
Crush
(located
in
Chicago about
V2
mile
southwest of the
proposed facility, as well as locations in Skokie and Wheeling)
DuPage Materials (located in Elmhurst)
Crush,Crete (located in Addision)
Finally, DMS
has not
demonstrated that its
objectives cannot be
met under their
existing
permit for the recycling facility. DMS
appears
to believe that
each load
which enters theirfacility must contain 75 percent ormore recyclable materials.This
is
not true. The requirement under Section 22.38
(b.2) ofthe Act is that the facility
shall
“limit
the percentage
of incoming
non-recyclable
general
construction
or
demolition
debris
to
25
or less
of the total
iiicoming
general
construction or
demolition debris,
as calculated on
a
daily basis.”
DMS
presents no
data on the
projected amount of material to be handled, and therefore has not demonstrated a
need that it cannot meet its recycling objectives through its existing permit.
Criterion 2
-
Thefacility is so designed, located andproposed to be operatedthat
the public health, safety and welfare
will be protected.
DMS has not demonstrated that the facilityis designed, located and proposed to be
operated in a manner which will protect the public health, safety and welfare. The
application merely states that the recycling facilityhas been operating fortwo years
while beinginspected by the JEPA, and sinceno changes are proposed, thecriterion
has been met. Clearly, however, a significant change is beingproposed
--
since the
modified
facility would
accept loads
with
less
than
75
percent recyclables, the
average daily quantity ofwaste handled at the facility would increase. Noevidence
is
provided, however,
to
indicate, the magnitude of the increase and• whetheç‘the
facility is’capable ofhandling increased volumes.
S
City ofDes
Plaines
•
Page
5
of 10
December 31,2002
The only drawing provided in the application is an undatedplat ofsurveywithhand-
written notes, which
is
barely’ legible and
contains no
graphic scale. In order to
adequately
demonstrate
compliance
with
this
criterion,
substantial
additional
information would be requiredregarding the facility’s location, design, and plan of
operations as described below.
Location
_____
A
detailed
description of the facility location
is
needed, including
maps
and/or
figures.
The
nature
and
use
of surrounding properties
should
be
identified. In
addition, the locationorpresence ofthefollowing features atornear the site need to
be investigated and clearly identified:
Nearest residentially zoned property and its distance to the subject
site
to
demonstrate
compliance
with
Section
22.14
of the
Act.
Section
22.14
requires
that
within
counties of at least 3,000,000
inhabitants no person may establish a transfer station within 1,000
feet ofthe nearestproperty zonedfor primarily residentialuses. Ifthe
facility
is
located
within
10
contiguous
acres of property utilized
primarily forindustrial uses, thefacilitymaybe located within 1,000
feet, but no
closer than
800
feet from the nearest property zoned
primarily forresidential uses.;
100-year flood plain (refer to discussion under Criterion 4);
Jurisdictional
waters
or
wetlands,
to
confirm
compliance
with
Section 404 of the Clean Water Act;
Historic, architectural or archaeological resources,
Threatened or endangered species;
Desian
A detailed description of the
design of the facility is
necessary to
evaluate if the
public
health,
safety,
and
welfare
will be
protected. Detailed
plans
should
be
provided, prepared to scale and in CAD orequivalent quality, showing the existing
site
conditions,
proposed site conditions,
traffic
movements,
and
building
floor
plans. In addition, a description of the location, size,’and design of the following
transfer station features should be provided:’
Entrance, access roads, and interior circulation drives;
Scale and scale house;
Transfer station building;
‘Waste tipping floor;
‘
Waste sorting and/or processing areas;
Waste or recyclables storage areas;
City ofDes Flames
S
Page 6 of 10
December 31, 2002
Waste loading bays;
Vehicle queuing lanes;
Security features such as fencing and gates;
Employee and visitor parking areas;
Utilities;
S
Stormwater management structures;
Fire control systems;
_______
Lighting;
Landscaping.
In addition,
DMS
notes
in
their response to
Criterion
5
that
a containment dike
exists
around the waste sorting operation. The nature ofthis dike needs to be more
thoroughly described, including location,
size,
purpose, and method of treatment
and/or discharge.
S
,
Operations
A
plan of operations
for the
transfer
station
facility should be
provided, which
includes information on the following:
S
Waste types;
Waste quantity projections;
Methods for transferring waste;
Demonstration
that
facility’ can
accommodate
projected
waste
quantity without causing backups onto exterior roadways or unsafe
site conditions;
•
Equipment needs;
‘
•
5
Personnel needs;
Hours of operation;
Cleaning procedures;
Methods to control nuisances such as dust, noise, odors,
litter, and
vectors;
Communication system;
S
Record keeping system; and,
Vehicle fueling procedures.
•
DMS intends to accept loads with a lower recyclables content-- i.e., a highercontent
of non-recyclable
solid
waste.
DMS
does
not
indicate how
long
the increased
volume ofnon-recyclable solid waste materials will remain on-site prior to transport
to a disposal
facility. Moreover, DMS
does not indicate the types and amounts of
waste
that
will
be
stored
at
the facility or the duration that
they
will
be
stored,
City ofDes Plaines
Page 7 of 10
December 31, 2002
beyond stating “because ofthe small size ofthis facility, wecannot and do not store
large amounts ofany one material for long period oftime.” As was notedbefore, the
volume ofmaterial handled at the site will likely increase, becauseincremental loads
with
less
than
75 percent
recyclables
will
be
handled.
Although
DMS
has
acknowledged
that it is
a small
facility,
it has not
demonstrated that its
“small”
facility can safely accommodate additional waste volumes.
_______
Criterion 3
-
The facility is
located so as to
minimize incompatibility
with the
_______
character ofthe surrounding area and to minimize the effect on the value ofthe
surrounding
property.
DMS
has
not
demonstrated
that
the
facility
is
located
so
as
to
minimize
incompatibility with the characterofthesurrounding areaand to minimize theeffect
on
the value of the surrounding property.
Additional
documentation
(drawings,
maps,
and
photographs)
is
warranted to
fully characterize
the
land-uses
in
the
surrounding area. A zoning map should be provided for the areas within-ahalf-mile
to
mile
radius
of the
site.
In
addition,
any
site
features
such
as
fencing
and
landscaping that may serve to screen operations from adjacent properties should be
designed and/or identified.
Criterion 4
-
The facility
is
located outside
tlze
boundary
ofthe
.100 yearflood
plain or the
site is flood-proofed.
S
DMS has not demonstrated that the facility is located outside the boundary of the
100 yearflood plain or that the site is flood-proofed. The application merely states
that
the
facility
is
not
located
within
the
flood
plain,
without
any
supporting
documentation. The
appropriate panel of the Cook County Flood Insurance Rate
Map (FIRM), published by theFederal EmergencyManagement Agency (FEMA),
shoUld be ‘utilized in
conjunction with a site topographic survey to determine the
location ofthe
100 yearflood plain. At a minimum, the application should include
copies of such maps with the site location identified.
Criterion 5
-
The plan of operations for the facility is designed to minimize the
danger to
the
surrounding areafrom fire, spills, or other operational accidents.
DMS has not demonstrated that the plan ofoperations forthe facility is designedto
minimize the danger to
the surrounding area from fire, spills, or other operational
accidents.In addition to the items identifiedunder Criterion 2 as critical components
of
the
facility’s
operating
plan,
the
following
items
should
be
addressed
to
demonstrate compliance with this criterion:
•‘
Employee training program;
Fire control and prevention mechanisms;
City ofDes Flames
Page
8 of 10
December 31, 2002
Spill prevention and response plan;
Loading checking program (to prevent unauthorized materials from
being accepted by thefacility);
Site security measures;
Emergency response procedures; and,
Operational contingency plans.
______
S
criterion
~
~
the facility are so designed as
to
DMS
has not demonstrated that the traffic
patterns to or from the facility are
so
designed as to minimize the impacton existing traffic flows, The statement by DMS
that
traffic
flows
are
not
expected
to
change
appreciably
is
not
sufficient
to
demonstrate compliance with this criterion. A traffic study should be preparedby an
experienced
transportation
engineer
and
include
at
a
minimum
the
following
information:
Identification
of the
roadway
network
to
be
used
to
access
the
proposed transfer station;
Analysis
of the traffic
generated by the facility, including number
and type ofvehicle per each hour of operating day and the direction
by which traffic will enterand exit the facility;
Assessment
of
the
existing
roadway
network,
including
traffic
volumes,
approved
or
planned
developments
or
roadway
improvements,
and accident data;
Evaluation of the impact of the site generated traffic on the existing
roadways, including
compliance
with
weight restrictions
and
the
•
projected level ofservice and vehiculardelay ‘at critical intersections;
Review
of proposed
site plan
in
conjunction
with
the
projected
traffic
volumes
and
known turning radii of vehicles
utilizing
the
transfer station.
Confirm that the proposed entrance configuration
and
interior,
traffic
movements
will
adequately
and
safely
accommodate waste collection and transfer vehicles.
Criterion
7
-
If the facility will be
treating, storing or disposing ofhazardous
waste,
an
emergency
response
plan
exists
for
the facility
which
includes
notification,
containment and evacuation procedures to
be
used
in’ case
ofan
accidental release.
DMS proposes that the facility will not accept or store hazardous waste. However,
DMS’ conclusion that an emergency rôsponseplan is not required is untrue..Such a
plan
is required (under Criterion
2 or Criterion 5 if not Criterion 7) to address the
handling of asbestos materials which may be delivered to the facility, orfuel spills
from trucks
arid ‘operating equipment.
5
5
5
City ofDes Flames
S
•
Page 9 of 10
December 31, 2002
Criterion 8- Ifthefacility is to be located in a county where the county board has
adopted
a
solid
waste
management
plan
consistent
with
the
planning
requirements ofthe Local Solid Waste DisposalAct or the Solid Waste Planning
and Recycling Act,
the facility is consistent with that plan.
DMS has not demonstrated that the proposed transfer station facility is consistent
with the
applicable
solid waste management
plan. Cook County adopted a Solid
Waste
Management
Plan
in
1996,
and
updated
the
Plan
in
2000.
While the
______
application states that recycling is an important
goal of the
County, DMS has not
demonstrated a comprehensiveunderstanding ofthe Plan. Additional information is
warranted to demonstrate compliance with the Plan, including:
Identification ofthe key objectives of thePlan, specifically those that
relate to
solid waste transfer stations and recycling facilities;
Demonstration that theproposedfacility meets each oftheobjectives
identified.
Criterion
9-If the facility will be located within a regulatedrecharge area, any
applicable requirements specified by the
Boardfor such areas have been met.
Regulated recharge areas are established by the illinois Pollution Control Board to
protect areas where thegroundwater is particularly susceptible to contaminationdue
to
local
geology. To
properly demonstrate
compliance with
this
criterion, DMS
should provide evidence from theIllinois Environmental-ProtectionAgency ~IEPA)
that the facility is
not located within a regulated recharge area.
Other Requirements ofSection 39.2 ofthe Act
Section 39.2 (b) of the Act requires the Applicant to provide
written notice
of the
request for location approval (via personal service or registered mall) to property
owners
within
250
feet of the subject property and
to
members of the
General
Assembly from the legislative district in which the proposed facility is located. In
addition, notice must be published in
a’ newspaper of general
circulation in Cook
County.
S
Section 39.2 (d) ofthe Act requires that notice ofthe public hearingbe provided (via
certified mail) to members ofthe General Assembly from the legislative district
in
which
the
proposed’ facility
is
located,
to
the
governing
authority
of
every
municipality contiguous to the proposed site or contiguous to DesPlaines, to Cook
County, and to the IIEPA. Notice must also be published in a newspaper ofgeneral
circulation in Cook County.
‘
,S
‘
,
‘
S
55
City ofDes
Plaines
S
Page
10 of 10
December 31, 2002
The notices are’ required to be
submitted no
later than
14 days prior to the filing
of
the
request for
approval or
the date of public
hearing,
respectively.
No
evidence
has
been
provided
that
all
of the
required
notices
were
issued
in
compliance with the Act.
Summary
S
_______
In
summary,
DMS
has
not
provided
sufficient
information
to
demOnstrate
compliance with Section 39.2 ofthe Act. Theapplication is clearly lacking in critical
‘details, making it impossible
to
properly evaluate it for use’ as
a transfer station
S
facility.
S
‘
S
,
S
Sincerely,
C. Brooke Beal
ExecutiveDirector
Exhibit
3
STATE OF ILLINOIS
)
)
COUNTY
OF
COOK
)
~L~RK’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,
AND
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
i~
—
~
‘~
~
D O~
is
3
a
true
and
correct
copy
of
tl~ie
records
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
~1t’~-
day
of
______________,
2003.
DONNA McALLISTER,
City
Clerk
City
of
Des
P
ines,
County
of
Cook
By:
____________________________
NANCY
P~ERSON,
Deputy
City
Clerk
S
,
City
ofv Des
Plaines,
County
of
Cook
*per
the
provisions
of
65
ILCS
5/3.1-20-5
of
the
Illinois
Compiled
Statutes
(1998)
MINUTES OF THE REGULAR
b~ETINGOF THE CITY,
COUNCIL
OF
THE
CITY
OF
DES
PLhINES,
ILLINOIS
HELD
IN
THE
ELEANOR’
ROHRBACH
~MORIAL
COUNCIL CHAIIBERS, DES PLAINES
CIVIC CENTER,
TUESDAY,
FEBRUARY
2.8,
2003,
CALL
TO ORDER:
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 Flames
Civic Center
on
Tuesday,
February
18,
2003.
__________
Roll
call
indicated
the
following
aldermen present:
Murphy,
Sayad,
Becker,
Smith, Argus.
Aldermen Beauvais,
Christiansen
and
Brookinan
were
absent.’
Alderman
christianseri
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
Bajor,
Director
of Emergency Communications
Ornberg,
Keep Des
Plairies Beautiful’ Coordinator Wolski, Assistant City Attorney Bartel
arid
City Attorney Wiltse.
S
S
E~CUTIVE
SESSION:
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,
Brookman
Motion declared carried.
The City Council recessed at 6:16p.m.
The City Council reconvened at 7:00 p.m.
PRAYER~~
PLEDGE~
PRESENTATION:
Roll
call
indicated
the
following
aldermen
present:
Christiansen,
Murphy,
Sayad,
Brookman,
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
Flames,
who
urged
residents to contribute food and clothing because there
is
a
growing
need
in Des Flames.
Alderman
Tom Becker
introduced
Keep
Des Plaines
Beautiful
Coordinator
Woiski 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:
Grazie~Ristorante and Banquets
Optimist Club of Des Plaines
S
Sysco Food Service
U-ST0R-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.
Schooa
Our Lady of Destiny School
Flainfield Elem.
School
ROLL
CAL~L
CITIZEN
PARTICIPA~
COLLECTIVE
BARGAINING!
POLICE
(MAPi~
CHAPTER 282
Resolution
R—21—03
Ordinance
M—8-03
South Elementary School
SPARKS Program
(Dis.
62)
St.Emily
Elem.
School
Terrace Elementary School
Mrs. Stacey Magnusson, President of the Optimist Club of
Des Flames,
rea,d a letter from the Optimist Club stating
that they will donate all seventeen
(17)
trees
for
the
2003
holiday season
at Library Plaza.
Mr.
Michael
Mickelsen,
Des
Flames
Citizens
for
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 signage;
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.
S
Mo~ed by
Becker,
seconded
by
Sayad,
to
concur
with
majority agreement in Executive Session that City ratify
contract with the Metropolitan Alliance of Police
(MAP)
Chapter #282
(E—’9l1), effective May
1, 2002 through April
30,
2005;
and
adopt
Resolution
R-21—03,
A RESOLUTION
RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE
THE
COLLECTIVE
BARGAINING AGREEMENT
WITH THE
METROPOLITAN ALLIANCE OF POLICE,
DES
PLAINES CIVILIAN
CHAPTER #282.
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 “TELECOMMUNICATIONOPERATORS 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,
Brookman,
Becker, Smith
NAYS:
1-Argus
ABSENT~0-None
Motion
declared carried.,
PRESENTATION
(Cont’ d.)
Devonshir.e Elementary School
Forest Elementary School
Friendship Jr. High School
limnanuel Lutheran School
()VV
PAGE
THREE
MOTOR
FUEL
Moved by
Beauvais,
seconded by
Brookman,
to TABLE
the
TAX
INCREASE
matters of Motor Fuel Tax Increase and Telecommunication
&
TELECOI~5M.
Tax
Increase,
scheduled
to
be
discussed
under
New
TAX
INCREASE:
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 Business Development
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.
S
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,
S
Brookrnan,
Becker,
Smith, Argus
NAYS:
0-None
S
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
1/22/03:
of
the Special meeting of the City Council held January
Consent
22,
2003,
as
published.
Motion declared
carried
as
Agenda
approved unanimously under Consent Agenda.
MINUTES!
Moved by Sayad,
seconded by Brookxnan,
‘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 ~Q
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
M-9-03
place
on
First Reading Ordinance M—9-03,
AN ORDINANCE
AMENDING THE CITY CODE OF THE CITY OF DES PLAINES,
TITLE
X, “TRAFFIC” CHAPTER
9, “LICENSES” TO ADD A NEW
SECTION
9,
TITLED
“PENALTY
FOR DRIVING WITHOUT
A
LICENSE,
OR
DRIVING ON A SUSPENDED LICENSE.”
Motion declared carried
as approved unanimously under Consent Agenda.
LIQ.
LIC./
Moved
by
Smith,
seconded
by
Becker,
to
POSTPONE
until
1415
‘
March
3,
200’3,
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-i
Ordinance
Bulk Sales
Dealers Liquor License
for ,property
located
M-2.0-03
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-10—03.
Motion declared
S
carried.
TRAFFIC
Moved
by
Murphy,
seconded
by
Sayad,
to
concur
with
RESTRICTIONI
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
SECTION
3
“STOP
STREETS”
TO .ADD
A
NEW
STOP
AT
THE’
(Cont’d.)
WESTBOUND LANE OF PERRY STREET.
Motion declared carried
as approved unanimously under Consent
Agenda.
TTh~EXTE~L1
Mr.
Gary Danfield,
655 River
Road,
addressed the
City
CONDIT.
USE
Council asking why the City is giving them a six-month
&VARIATION~
extension.
Alderman Becker said because of 9/1/01; this
2930 RIVERI
is
a multi—million
dollar project;
the hotel
industry
S
took
a big hit.
Resolution
R-22-03
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—0l 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
Ol-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.
ATM MACIII1~
Moved by Murphy, seconded by Sayad, to concur with Staff
PLACE. AGREL~
recommendation that Mayor and City Clerk be authorized
POLICE
STA.
to
execute
“Placement
Agreement”
with
Anderson
ATM
1420
MINERi,
Systems,
4644
N.
Leclare Avenue,
Chicago,
IL 60630,
to
Consent
place
an ATM Machine
in the
lobby of the
Des
Flames
Agenda
Police Station,
1420 Miner Street; City to receive $1.20
per
transaction
at
said
ATM
machine;
and
further
Resolution
‘recommend
to
adopt
Resolution
R-23-03,
A
RESOLUTION
R-23-03
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 STATION, LOCATED AT THE DES PLAINES CIVIC CENTER,
1420 MINER STREET.
Motion declared carried as approved
unanimously under Consent
Agenda.
LOCKBOX BANE
Moved by Murphy,
seconded
by Sayad, to concur with Staff
ACCT.
AGREE.1
recommendation that City Clerk be authorized to execute
OAK
BROOK
“Corporate Authorization Resolution” with Oak Brook Bank,
BANK:
1400
W.
16th
Street, Oak Brook,
IL 60523, to open a bank
Consent
account for lockbox service for utility bill and vehicle
Agenda
sticker payments; said resolution reaffirms the authority
of
the Director
of
Finance
and Assistant
Director
of
Resolution,
Finance to sign checks and make investments for the City;
R-24-03
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
Lb.
LIC.
Moved
by
Murphy,
seconded
by
Sayad,
to
concur
with
Staff
CHANGE
OF
recommendation
to approve Change of Ownership of
Class
OWNERSHIP!
B—i
Bulk
Sales
Dealers
Liquor
License
for
property
699 N. WOLF:
located at
699
N.
Wolf Road,
d/b/a
ZJ’s Pantry
Plus
&
Consent
,
Liquors;
contingent
.upon
verification
of
fingerprints.
Agenda
Motion
declared carried
as approved
unanimously
under
Consent
Agenda.
riv~
PAF.KING,PA~
VARIATIONL
1660
S.
CORAi
Consent
Agenda
BID
AWARD!
AMBULANCE
STRETCHERS:
Consent
Agenda
BID
AWA~L
PRESSURE
WASHER~QR
PUBLIC WKS,._~
Consent
Agenda
ADVERTI
S,XN~
FOR BID:
Consent
Agenda
APPOINTMBNT:
Consent
Agenda
ORDINANCE
M—4—03
POLICE
RECORD
SYS. ADMIN.
(9—1—1)
Consent
Agenda
ORDINANCE
M—5—03
DONATION!
SURPLUS
FIRE
EpUIP~NT:
Consent
Agenda
ORDINANCE
M—6—03
RESCINDING
ORDINANCE
M—10—02:
Consent
Agenda
ORDINANCE
M—7—03
CITY
CODE
REVISIONS:
Consent
Agenda
Moved by Murphy,
seconded by Sayad,
to concur with StafV
recommendation to grant request for Variation to Section
4-7—9
of
the
Building
Code
Amendments,
to
permit
construction of
a parking pad,
17’ wide x
21’
long,
in
the rear yard adjacent to the alley and detached garage
on property
located
at
1660 ~S. 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.
Moved by Murphy, seconded by Sayad,
to concur with Staff
recommendation
to
award bid
for
Purchase
of
Two
(2)
Ambulance
Stretchers
to
the
single
bidder,
Armstrong
Medical
Industries,
575
Knightsbridge
Parkway,
Lincolnshire,
IL
60069,
in
the
total
bid
amount
of
$5,904/Budgeted
Funds.
Motion
declared
carried
as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Sayad, to concur with Staff
recommendation to award bid for Purchase of Combination
Cold/Hot/Steam
Pressure
Washer
for
Public
Works
Department
to
the
lowest
responsible bidder,
Standard
Industrial
& Automotive,
6211 Church Road, Hanover Park,
IL 60133,
in
their
alternate
bid amount of $B,935/2003
CERF
Fund.
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 advertise
for bids
for 2003 Street Rehabilitation
(Contract
1),
returnable by
3:00 p.m.,
Thursday, March
6, 2003.
Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy,
seconded by Sayad,
to approve Mayoral
appointment
of Penny C.
Wenstrom to
the SPECIAL EVENTS
COMMISSION,
term
to
expire August
31,
2003.
Motion
declared carried
as approved unanimously under Consent
Agenda.
Moved by Murphy,
seconded by Sayad,
to adopt Ordinance
M-4-03, AN ORDINANCE AMENDING TITLE
I “ADMINISTRATIVE,”
OF
CHAPTER
15 “POSITION CLASSIFICATION AND COMPENSATION
PLAN,”
SECTION
4
“CLASSIFICATION
PLAN
TO
THE
‘CITY
SERVICE”
FOR
SCHEDULE V-A
“TECHNICAL,
ENGINEERING
AND
INSPECTION GROUP” IN THE DES’PLAINES CITY CODE.
Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by
Murphy,
seconded by Sayad,
to adopt Ordinance
M-5-03,
AN
ORDINANCE
AUTHORIZING
THE
DONATION
AND
CONVEYANCE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES
PLAINES.
Motion declared carried as approved unanimously
under Consent Agenda.
Moved
by
Murphy,
seconded
by
Sayad,
to adopt Ordinance
M-6—03,
AN
ORDINANCE
RESCINDING
CITY
OF
DES
PLAINES
MUNICIPAL
ORDINANCE M—10—02
IN
ITS
ENTIRETY.
Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy,
seconded by Sayad,
to adopt Ordinance
M-7-03, AN ORDINANCE AMENDING TITLE
I,
“ADMINISTRATIVE”
CHAPTER
6,
“CITY
COUNCIL”
SECTION
3,
“MEETINGS”
TO
ADDRESS CERTAIN HOUSEKEEPING MATTERS
(formerly 1-6-8 an~
1—6—9).
Motion declared carried as approved unanimously
under Consent Agenda.
ORDINANCE
‘
Moved by Murphy,
seconded by Sayad,
to adopt Ordinance
T—1-03
T-1—03, AN ORDINANCE AMENDING TITLE X, “TRAFFIC,” ‘CHAPTEP
PARKING
5,
“STOPPING
STANDING
AND PARKING” SECTION 17,
“PARKINC~
RESTRICTI~L
‘
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 ALLO~
CONDIT. USEL
THE OPERATION OF
A CLASS B RESTAURANT,
LOCATED AT
152E
1526 MINER:
MINER
STREET,
DES
PLAINES,
ILLINOIS,
(CASE
03-03—CU).
Consent
Motion declared carried
as approved unanimously
under
Agenda
Consent Agenda.
S
ORDINANCE
Moved by Beauvais,
seconded by Ch±istiansen,to advance
T—3-03
to
Second
Reading
and
adopt
Ordinance
T—3—03,
At~
TRAFFIC
ORDINANCE
AMENDING TITLE X, “TRAFFIC” CHAPTER 7, “THROUGH
RESTRICTIP1~L
AND STOP STREETS” SECTION, 3 “STOP STREETS” TO ADD A NE~
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
H-9-03
M-9-03,
AN ORDINANCE AMENDING THE CITY CODE OF THE CITh
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,
Brookman,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT: 0—None
Motion declared carried.
MAYOR APREDIA DECLARED THAT THE
CITY COUNCIL
WAS~O~
RESOLVED INTO A
COMMITTEE
OF THE WHOLE
FINANCE & ADMINISTRATION
-
Aldermai~Sayad, Chair
HEALTH
City Attorney Wiltse reviewed the status of the meetings
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
(1)
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 stá~tedthat the Staff 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
S
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
Johnson,
Chairman
of
the Board
of
Fire
and
AMENDMENTS/
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
&
Police Commissioners on February 3, 2003.
Mr.
Johnson 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
Flames
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—l2—03 be placed
on
First
Reading
at
appropriate
time
this
evening.
Motion declared carried.
S
PUBLIC WORKS
—
Alderman Brookrnan, Chair
TRANSFER
Alderman
Brookman
reviewed
the
request
from
Disposal
STATION
Management
Systems,
101—103
Sell
Road,
for
a
transfer
PERMIT!
,
station permit from the Illinois 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 DEVELOPMBNT
—
Alderman Becker, Chair
ZONING
CASE
Acting City Manager-EDC Director Schneider reviewed his
02—79—A
memo of January 28, 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
Plaines
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 conditions,
which are:
,
S
HILLS
AVE~
——construction
of
the proposed
retail
use must
begin
(Cont’d.)
within one year of
City Council approval or the
zoning
classification
will
revert
to
R—1
Single-Family
Residential District;
——petitioner must submit a fully dimensioned and detailed
S
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;
S
——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
S
trees,
shrubs and grass and/or plant ground cover.
The petitioner, Dan Pontarelhi, Pontarehli 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.”
S
Alderman Sayad thanked
Mr.
Pontarelhi
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.
S
Alderman Brookman 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.
Pontarelhi
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 hived here 40
years;
he’
objects
to.
this
zoning
change;
there
would
be
flooding, noise,,highting and traffic problems; the City
should improve this corner but not with a zoning chan~,~
HILLS
AVE.
Mr.
Dan
Gaspar,
1619
Hills
Avenue,
addressed
the
(Cont’d.)
Committee of the Whole stating that he
would
be impacted
by this project because his house is right next door;
the
lights 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
Mariager—EDC
Director
Schneider,
the
owner’ of
the
corner
property
and
Mr.
Pontarelhi to discuss this matter.
Moved
by Brookman,
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 R—1 Single-Family
Residential District to C—3 General Commercial District
be
POSTPONED
until
April
21,
2003.
Motion
declared
carried.
S
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED
THE
CITY
COUNCIL PACK IN SESSION
ORDINANCE
Moved by Sayad,
seconded by Smith,
to adopt Ordinance N-
H-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,
Brookman,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT:
0-None
S
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
REVISIONSL
I, “ADMINISTRATIVE” CHAPTER
6, “CITY COUNCIL” TO ADDRESS
CITY COUNCIL
CERTAIN HOUSEKEEPING MATTERS (formerly 1-6-8 and 1-6-9).
P.ULES:
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
Committee
of 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,
Snyad,
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,
Brookman,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT:
0—None
Motion declared carried.
AMENDMENTS
/
BOARD
OF
FIRE
&
POLICE
COMMISSIONERS
RULES
& BEGS:
Ordinance
M—12—03
TRANSFER
STATION
PERMITL
101—103
SELL:
ZONING OA~E
02—79—A
MAP
AMEND.
1601—03—09
HILLS AVE.:
BID
DATE!
EMERG.
VEH~
PRIORITY
SYSTEMS:
ORDINANCE
M-11—03
REVISIONS!
CITY COUNCIL
RULES:
Moved by Beauvais,
seconded by
Sayad,
to
concur with
recommendation
of
Committee
‘of
the
Whole
to
approve
Option B
of
the proposed changes
to the Revised
Rules
and
Regulations
of
the
Board
of
Fire
&
Police
Commissioners,
and place
on First Reading Ordinance N-
12-03.
Motion declared
carried.
Moved by
Beauvais,
seconded by
Becker,
to
advance
to
Second Reading and adopt Ordinance M—l2-03, 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.
Moved by Brookman,
seconded by Christiansen,
to
concur
with recommendation of Committee of the Whole to approve
the
construction
and
demolition
transfer
station
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,
Brookman,
Becker,
Smith,
Argus
NAYS:
0—None
ABSENT:
0-None
Motion declared carried.
Moved by Becker,
seconded by
Brookman,
to
concur with
recommendation
of Committee
of
the Whole
that
further
discussion
on
Zoning
Case
02-79—A
regarding
a
Map
Amendment to rezone property located at 1601—O3~O9Hills
Avenue from R—1 Single—Family Residential District to C—
3 General Commercial District be POSTPONED until April
21,
2003.
Motion declared carried.
City Clerk McAllister announced that the bid return date
for the 2003 Emergency Vehicle Priority Systems has been
changed from February 20,
2003,
to 3:00 p.m.,
Thursday,
February
27,
2003.
Moved by
Reading
AMENDING
COUNCIL”
(formerly
was:
AYES:
8—Beauvais, Christiansen, ‘Murphy,
Sayad,
Brookman,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT:
0-None
Motion declared carried.
Moved by Becker,
seconded by Brookman,
meeting
of
the City Council
adjourn.
carried.
~
Donna’ McAllister,
MMC
-
CITY CLERK
APPROVED BY ME THIS
DAY OF
_____________
2003
Smith, seconded by Argus,
to advance
and
adopt
Ordinance
M-h1-03,
AN
TITLE
I,
“ADMINISTRATIVE”
CHAPTER
TO
ADDRESS
CERTAIN
HOUSEKEEPING
1—6—8 and
1—6—9).
Upon roll
call,
to
Second
ORDINANCE
6,
“CITY
MATTERS
the
vote
AJOUBNMENT~
Alderman
Brookman
requested that the record
show
that
she
is voting no on Rule VIII and Rule XXVIII.
that the regular
Motion declared
AnthonyW.
Arredia,
MAYOR
‘~Iy,’;’~’ “1”~”~
“
‘~:“.
‘‘
‘
I
.‘-~
March 21, 2003
MEMORANDUM
TO:
Nancy Peterson
FROM:
Ruth Broder
SUBJECT:
FOl #03-069
Attached is the information requested in the above-referenced FOl:
A
copy
ofthe final written
decision ofthe
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 of the 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
ofSiting 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 of
all written notices provided by the City ofDes 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 ofall notifications published
in
a newspaper of general circulation
providing notice ofthe December 2, 2002 public hearing in the matter of the
Disposal Management Systems, Inc. application for siting of a transfer
station at 101-103 Sell Road in Des Plaines, Illinois.
A copy ofthe notice published in the Journal and
Topics Newspaper
on
Friday,
November 15, 2002 is
attached.
~
?,
L~vJ
DES_PLAINES
ILL
INOIS
1 420
Miner / Northwest
Highway
~
Des Plaines,
Illinois 6001 6-4498
~
(847) 391-6300
Page 2 of 2
4.
A copy of all correspondence, documents, photographs, and any other data
or information provided to the City ofDes Plaines or any of its individual
employees or officials by Disposal Management Systems, Inc. in connection
with its application for
siting
a transfer station at 101-103 Sell Road, Des
Plaines, 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 ofDisposal Management Systems, Inc. initial letter to the City of
Des Plaines, 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 of correspondence dated January 16,
2003
from Ruth Broderto Disposal Management Systems, Inc. or pertaining to
Disposal Management Systems, Inc.
A copy ofa letter dated January 16, 2003 from Ruth Broder, City of DesPlaines,
to
Joe Anderson, Disposal Management Systems, is attached.
6.
A
copy of any letter or other form of correspondence
dated February 12,
2003
from Disposal Management Systems, Inc. to
Ruth
Broder or any other
employee or official of the
City
of Des Plaines 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 Plaines, is attached.
Exhibit
5
‘
‘
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND
AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794.9276
RENEE
CIPRIANO,
DIRECTOR
CERTIFICATION OFSITNG APPROVAL (LPC-PA8)
Name ofApplicant:
‘D’-sri
s4.e
1274
~i (E jL.J,r2.A,~4..’(
~~y’
~4z-~
~sc
Address of Applicant:
-
~
?.e~e~’
~k’
Name ofSite:
~
~
~
.~
Site Information:
Nearest City:
ç??
P’~
t’,~rc~.,,27’County:
_‘?.~
L
1.
On
~-
1
the
C~
~
~
of
(governing body ofcounty or municipality)
______________
—.
—
approved the site location suitability
~
(county ormunicipa ity)
(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
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.
?e.e..
t~c~ç.
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 EPA.
The
EPA
is
not obligated
to monitor or enforce
local conditions.)
5.
The
undersigned
has been authorized
by the
C~
~~—r\..e~1
of
(governing
body of county or municipality)
~
Pt~_.~-r..-s~
to execute
this certification on behalfof
O~
ei
~
(county
or municipality)
(county or municipality)
NAME:
TITLE:
MA~YOR
SUBSCRIBED AND SWORN TO BEFORE
ME
this
3
~
day of
k~
-
NotarVPt?~JIIc.
-
7/
1
UFFICIAL
SEAL”
~
j~l~VX)2’)~i~
.
.
..
_
-
~
No~aiy
Public,
Sthtc
flflfnofi
ilti
~.iii~.’
‘
.
.,i.u;~..
u;~.!~r
II
~~
12’)
1,__My Coniwlssion Eipit~~
2
13.06
K
t~
Silul
1)7)
~,
ii
‘~.
I~III
I.I~’
2)’( R~’.
A~iI~Ki
,
.
RYAN,
GOVERNOR
~
t,stIIb
$l;nia~rultIlI
I
.tfltr.
PRINTED ON
RECYCLED
PAPER
PROOF OF SERVICE
Patricia F. Sharkey, an attorney, hereby certifies that she served a copy ofthe foregoing
Notice ofFiling, Motion for Leave to File Amended Petition and Petition forHearing to Contest
Site Location Approval on the persons listed below by UPS
Overnight Delivery, on April
1,
2003.
Mayor Anthony W. Arredia
City of Des Plaines
City Hall
1420 Miner Street
Des Plaines, IL
60016-4498
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
~~c~.Sharkey
THIS DOCUMENT IS FILED ON RECYLED PAPER
