R~
~
D
CLER~ç’~
OPPii-~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
/~PR2
9
2003
STATE OF
ILLINOIS
SOLID WASTE AGENCY OF NORTHERJ’.T
)
OIIL~jQflControl Board
COOK COUNTY,
)
)
Petitioner,
)
vs.
)
No. PCB
_____
)
CITY OF DES PLAINES, ILLiNOIS and
)
DISPOSAL MANAGEMENT SYSTEMS, INC
)
(Pollution
Control Facility
)
Siting Facility)
Respondents.
)
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 of Des Plaines, Illinois (“City”) approving the siting ofthe proposed Disposal Management
Systems, Inc. (“DMS”) Transfer Facility (“DMS Facility”).
In support ofthis 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.
DMS submitted a request for site location approval to the City ofDes Plaines
dated August
5,
2002.
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 ofDes 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.
DMS applied forpollution
control facility siting approval under
Section 39.2 of
the
THIS DOCUMENT
IS FILED ON RECYCLED PAPER
Act, but did not state the amount of waste anticipated to be handled or recycled by the proposed
transfer station on
a daily or annual 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 of Des 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 ofthe December 2, 2002
City Council meeting, SWANCC’s Executive
Director Brooke Beal presented testimony on behalf of SWANCC at the December 2, 2002
hearing. Mr. Beal also filed written comments on behalfof SWANCC
during the subsequent
public comment period. A true and correct copy ofthe minutes of the December 2, 2002 City
Council meeting is
attached hereto as Exhibit
1. A true and correct copy ofthe written comments
filed by SWANCC on December 31, 2002
is attached hereto as Exhibit .2.
5.
On February
18, 2003,
the, City ofDes Plaines City Council, by roll call vote and
without issuing an “official written decision,” approved the siting ofthe DMS Facility, without
conditions, as is reflected in the attached minutes of the 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.
6.
On March 26, 2003, the City issued its “official written decision” along with a
signed Illinois EPA Certification Form (LPC-P8), a true and correct copy ofwhich is attached
hereto. (Exhibit 4.)
7.
Section
107.204 ofthe Board’s procedural rules governing siting appeals states:
“A petition for review must be filed within 35
days after the local siting
authority’s action to approve or disapprove siting.
Action means the local
2
THIS DOCUMENT IS FILED ON RECYCLED PAPER
government’s official written
decision granting or denying local siting approval
pursuant to Section 39.2(e) ofthe Act
...
.“
emphasis
added’
8.
SWANCC’s petition in this matter is timely filed within 35
days following the
issuance of the City’s March 26, 2003
“official written decision.”
2
9.
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
‘The Section 104.204 requirement that the period for filing a petition commences on the
date ofthe “official written decision” is consistent with Section 39.2 (e) which requires that a the
local siting bodies ‘decisions “are to be in writing, specifying the reasons for the decision, such
reasons to
be in conformance with subsection (a) ofthis
Section.” The requirement for a written
decision before a. decision becomes reviewable is also consistent with well established case law.
See WMI v. IPCB,
145 Ill. 2d 345,
585
NE2d 606 (Ill.
S.
Ct.
1992)(While “final action” for
purposes ofmeeting a deadline for administration action could occur without written findings,
“we do not necessarily conclude that such
action
was final and appealable for purposes of
review.”); Reinhardt v. Board of Education ofAlton,
61111.
2d
101, 329 NE2d 219 (Ill.
S.Ct.
1965)
(
A decision by an administrative agency must contain findings to make possible a judicial
review of the agency’s findings.)
2
That the March 26, 2003 letter constitutes not only the “official written decision,” but
also
the City’s only written decision in this matter can be discerned from the several facts. First,
in March 2003
SWANCC
filed a Freedom ofInformation Act (FOJA) request with the City
requesting the City’s “final written decision.” The City responded with a March 21, 2003
memorandum which provided the minutes ofthe February 18, 2003
City Council Meeting, the
Certification of Siting Approval (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 SWANCC.” A true and correct copy ofa
March 21, 2003 memorandum is attached hereto as Exhibit
5.
No other documents were
provided in response to SWANCC’s request for the City’s “final written
decision.” See
Affidavit attached hereto as Exhibit
6. Furthermore, the March 26, 2003
letter is the only City
document
which states the five conditions upon which the City’s approval
is stated to be
contingent. Also, apparently the LPC-PA8
form accompanying the March
26, 2003 letter, was
redone for the “official written decision.”
It is
dated March
25,
2003.
3
THIS DOCUMENT IS
FILED ON RECYCLED
PAPER
IDes Plaines on December 2, 2002, and therefore has standing to contest this siting approval
plLrsuant to
Section 40.1(b) of the Act.
10.
SWANCC contests and
objects to the City ofDes Plaines’ decision to approve the
siting ofthe DMS
Facility because the siting process and procedures used by the City of
Des Plaines in reaching that decision were fundamentally unfair.
11.
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.
12.
SWANCC further contests the City ofDes Plaines siting approval because its
siting procedures failed to produce a sufficient record for review and otherwise failed to meet the
requirements ofthe Act.
4
THIS DOCUMENT IS FILED ON RECYCLED PAPER
WHEREFORE,
SWANCC respectfully requests that the Board enter an order (a)
setting
ftr
hearing this contest of the City of Des Plaines’ siting approval decision, (b) reversing the City
of Des Plaines’ siting approval decision, and
(c) providing such other and further reliefas the
Board deems appropriate.
DRted:
April 29, 2003
Respectfully submitted,
SOLID WASTE AGENCY OF NORTHERN
COOK COUNTY
By:
O~ts~~~s
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw
190 South LaSalle Street
Chicago, IL
60603
312-782-0600
Attorney Registration No. 6181113
FirmNo.: 38918
5
THIS DOCUMENT
IS FILED ON RECYCLED PAPER
MINUTES
OF
THE •RE~fl~ )*~ETING OF
THE
CITY
COUNCIL
OP
THE
CITY
OF
DES
PLAINES,
ILLINOIS
HELD
IN
THE
ELEA~TOR
ROHEBACH
MEMORIAL
COUNCIL
CHM~.ZRS,
DES
PLAINES
CIVIC
CENTER,
MONDAY,
DEC~ER
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
aldermer~present:
Beauvais, Christiansen, Murphy,
Sayad,
Brookxnan,
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
AID
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—Then to raise money
for their
summer
camp;
a
representative
from
the
iluscular
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,
TRA~SFER
DES
PLAINES CIVIC CENTER, MONDAY, DECEMBER
2,
STATION/id—
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
Se1.
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
Seal,
Executive
Director,
Solid
Waste
Agency of Northern Cook County,
1616
E.
Golf Road,
Des
Plaines,
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 facilities do
that;
this facility is located and operated ma
manner
EXHIBIT
~:
~
~
~
12/2/02
PAGE TWO
PtTB.
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
CHA~4BERS,
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 Pubic 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
PARTICIPA.:
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 Whitcomb 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
TELECO~*~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.
MPNCAP.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,
Sa,
6,
6a,
7,
la,
18,
18a,
19 and l9a; Alderman Brookman requested that Items
21,
21a,
25 and 25a be removed; Alderman Beauvais
SoUd Waste f~ency
of
(lorthern
Cook
County
Des P~aines, ~st~ioIo
0
Phone (847)
296-9205
ifaM (847)
296-9207
CITY CLERK’S OFACE
December 31, 2002
DES
PLAINES
Membe~S
.
115)
DEC
31
I2OO~J
~
M~ngton
~1ei~hts
.
.
ml
1111
~~ove
1420 Miner/Northwest Highway
U
LI
~
~
1f)J/
~ikC3ro.~e
Viflage
Des Flames, Illinois 60016-4498
evanston
Olencoe
Re:
Public
Comments
on
the
Proposed
Transfer
Station
by
Disposal
c~en,ji:w
Management Systems
~nveme5S
N~eniIv~oith
To the City ofDes Plaines:
Linco~nt~JOod
Morton
~3rove
The
following comments are submitted in response to the transfer station proposed
Mount
Prospect
to
be located
at
101-103 Sell Road in Des Plaines, illinois. The facility is proposed
~tine
by
Disposal
Management
Systems,
Inc.
(“DMS”),
which
currently
operates
a
Par~c
~.idge
recycling
center
for
construction
and
demolition
debris
at
the
proposed
site.
Prospect heights
SWANCC has reviewed the documents comprising the Application for local siting
~oWngMeadows
approval
per Section 39.2 of the Illinois Environmental Protection Act (the “Act”),
5koFcIe
and
believes
that
the applicant has
not
demonstrated
compliance
with
the
nine
South
8arrington
.
.
~
.
Whe”Iing
criteria set
forth
by the Act. The Application
is
grosslyinadequate and lacks critical
Wimette
information
for making any determination
regarding
the suitability ofthe site for use
Winnett~a
as a solid waste transferstation. Therefore, SWANCC strongly recommends that the
City of Des Plaines deny this
application for local siting approval.
c5eorge
Van
Dusen
The SolidWaste Agency of
Northern
Cook County (“SWANCC”) is experiencedin
the operations of solid waste transferfacilities, and is knowledgeable ofthe process
F~onaIdWietecha
for obtaining
local
siting approval
in Illinois.
SWANCC
was formed in
1988 to
Vice Lhairmafl,
eo&c~o(
Oiector~
manage the solid waste needs of its
23 member towns.
SWANCC
developed and
adopted a long-term solid waste management plan in 1991, and has since worked to
W~thamR.BaIIing
implement
a
balanced
and
environmentally
safe
program
of
solid
waste
6oard o( Direc(0r5
management.
SWANCC
owns
and
administers
the
operating
contract for the
Committee
WheelingTownship Transfer Station, an 82,000-square foot state-of-the-art facility
located in Glenview.
C.
Brooke
Be&
t,~ecutive
Director
Evaluation ofthe 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
2
www swancc
org
City ofDes Flames
Page 2 of 10
December 31, 2002
0
limit thepercentage ofincoming non-recyclable general C&D debris to 25 percent or
less of the total incoming general C&D debris, as calculated on a daily basis. Solid
waste transfer sfations 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 facilityis the
only proposed change to the existing facility, and therefore no modifications
to the
design or operations ofthe current facility are warranted.
_____
Des
P1ames
should be advised that while
DMS
commits
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
Via ste
0
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
geflCy
may be transferred to subsequent owners or operators,enabling others to develop the
property for uses otherthan those proposed by DMS.
Section 39.2
(e-5)
of the Act
states:
Ilorthern
0
C
ok
Siting approval obtained pursuant to this Section is transferrable and maybe
0
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 the prior owneror operatorby the county board of
the county orgoverning body of themunicipality pursuant 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 count~i
board orgoverning body.
Further, in the event that siting
approval
obtained
pursuant
to
this
Section
has
been
transferred
to
a
subsequent owner oroperator, that subsequent owneror operator assumes 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 ofany applicant requesting approval fora pollUtion control
facility. As
is
discussed below, the Applicant has failed to provide even minimal
documentation of compliance with
statutory criteria ofSection
39.2. Approval of
DMS’
application would
lower the bar not only on the current application, but
on
any future applications as well.
0
City ofDes Plaines
Page 3 of 10
December 31, 2002
0
Compliance with Section 39.2 of the Act
All
new pollution
control facilities
(including
transfer stations) proposed to
be
located in Illinois are subject to therequirementsforlocal siting approval 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 forlocal siting
_______
approval to submitsufficient details describing the proposedfacility to demonstrate
compliance
with the nine criteria, and stipulates that local siting approval áhall be
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 of the facility; a partially completedcopy ofIEPA
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, the only testimony presentedwas by SWANCC and, on rebuttal, by
~
an owner of DMS,
in
which
the owner agreed with the comments of SWANCC.
This recordclearly does not demonstrate compliance with thenine criteriaof Section
39.2.
0
Criterion 1
-
Thefacility is necessary to accommodate the waste needs ofthe area
it is intended to
serve.
As an initial matter,DMS has not
identifieda service area for the proposed facility,
beyond stating that “this facility serves a great need for the surrounding area”.
No
documentary
evidence was presentedin the record to indicatewhether“surrounding
area” means
two feet,two miles or 20 miles. Because the 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 justifies ‘the 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;
0
0
Recycling
C&D
debris
will
eliminate
the
need
for construction
contractors to travel
to Elgin to obtain gravel; and,
There are
very few facilities that recycle C&D debris.
City of Des Flames
December 31, 2002
Page 4 of
10
DMS has not presented any evidence, however, to support these observations. For
instance,
DMS
does not present a list ofaggregate producers to demonstrate that 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 awareof a numberoffacilitiesin the
area that provide this service, including:
Groot Recycling and Disposal (transferstation located about 1/4 mile
southwest ofthe proposed facility)
American
Wood
(C&D
processing
facility
located
in
Hoffman
Estates)
Vulcan Materials (located in Elk Grove Village)
Orange
Crush (located in
Chicago about ½
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 or morerecyclable materials.This
is not true. The requirement under Section
22.38 (b.2) of the 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
incoming
general
construction or
demolition
debris,
as calculated on
a
daily basis.”
DMS
presents no
data on
the
projected amount
ofmaterial
to be handled, and therefore has not demonstrated
a
need that it cannot meet its
recycling objectives through its existing permit.
Criterion 2
-
The facility is so designed, located and proposedto be operatedthat
thepublic health, safety and welfare‘will be protected.
DMS
has not demonstrated that the facility is 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 facility has been operating fortwo years
whilebeing inspected by the IEPA, and sinceno changes are proposed, the criterion
has been met. Clearly, however, a significant change is being proposed
--
since the
modified
facility would
accept loads
with
less
than
75
percent
recyclables,
the
average daily quantity of waste handled at the facility would increase. No evidence
‘is
provided, however,
to
indicate, the magnitude of the increase
and whethe~
the
:facility is capable of handling increased volumes.
.
City of Des Flames
.
Page
5
of 10
December 31, 2002
The only drawing provided in the application is an undated plat-ofsurvey with hand-
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 location orpresence of thefollowing features at ornear 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 nearest property zonedfor primarilyresidential uses.lithe
facility
is located
within
10
contiguous acres of property utilized
primarilyforindustrial uses, the facility maybe 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 ofthe Clean Water Act;
Historic, architectural or archaeological resources,
Threatened or endangered species;
Desi2n
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 or equivalent 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 Plaines
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;
Stormwater management structures;
Fire control systems;
Signa~e~
and
Landscaping.
In addition,
DMS
notes
in
their response to
Criterion
5
that
a containment dike
exists around the waste sorting operation. The nature of this dike needs to be more
thoroughly described, including
location, size, purpose, and method of treatment
and/or discharge.
Operations
A plan
of operations for the
transfer
station
facility should be
provided, which
includes information on
the following:
‘
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;
Equipmentneeds;
Personnel needs;
Hours of operation;
Cleaning procedures;
Methods to control nuisances such as dust, noise, odors, litter, and
vectors;
Communication system;
Record keeping system; and,
Vehicle fueling procedures.’
DMS intends to accept loads with a lower recyclablescontent--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-siteprior 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, we cannot and do not store
large amounts of any one material for long periodoftime.” As was notedbefore,the
volume of material 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 andto minimize the effect on the value ofthe
surroundingproperty.
DMS
has
not
demonstrated
that
the
facility
is
located
so
as
to
minimize
incompatibilitywith the character ofthe surrounding area and to minimize the effect
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 forthe areas within a half-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 the boundary of the 100 year flood
plain
or the site is flood-proofed.
DMS has not demonstrated that
the facility is located outside the boundary ofthe
100 year flood 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 the Federal EmergencyManagement Agency (FEMA),
shoUld be ‘utilized in
conjunction with a site topographic
survey to
determine the
location of the
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
dangerto
the surrounding areafrom fire, spills,
or other operational accidents.
DMS has not demonstrated that theplan ofoperations for the facility is designed to
minimize
the danger to
the surrounding area from fire, spills, or other operational
accidents. In addition to the items identified under Criterion 2 ascritical 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 of Des Plaines
Page
8 of 10
December 31, 2002
Spill prevention and response plan;
Loading checking program (to prevent unauthorized
materials
from
being accepted by the facility);
Site security measures;
Emergency response procedures; and,
Operational contingency plans.
_____
Criterion
6
The
tr4ffic patterns
to
or
from
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 theimpact on existing traffic flows.The statementbyDMS
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
follovving
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 of vehicle per each hourof operating day and the direction
by which traffic will enter and exit the facility;
Assessment
of
the
existing
roadway
network,
including
traffic
volumes,
approved
or
planned
developments
or
roadway
improvements, and accident data;
Evaluation ofthe impact ofthe site generated traffic on the existing
roadways, including
compliance
with
weight restrictions
and
the
projected level ofservice and vehicular delayatcritical 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 of hazardous
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 response plan 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.
.
City of Des Flames
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
amid 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 comprehensive understandingofthe Plan. Additional information is
warranted
to demonstrate compliance with the Plan, including:
Identification of the key objectives of thePlan, specifically those that
relate to solid waste transfer stations and recycling facilities;
Demonstration that the proposedfacility meets eachofthe objectives
identified.
Criterion 9
-
Ifthe facility will be
located
within
a
regulated recharge 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 the groundwater is particularly susceptible to contamination due
to
local
geology. To properly demonstrate
compliance
with this
criterion,
DMS
should provide evidence from the Illinois Environmental Protection Agency (EPA)
that the facility is not located within a regulated iecharge area.
OtherRequirements of Section 39.2 of theAct
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.
Section 39.2 (d) ofthe Act requires that notice ofthe public
hearing
be 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 Des Plaines, to Cook
County, and to the IEPA. Notice must also be published in a newspaper of general
circulation in
Cook County.
,
.
City
ofDes Plaines
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‘siting
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
_______
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
facility.
‘
‘
Sincerely,
C. Brooke Beal
Executive Director
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,
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
E~r~e~
~-‘\~-~r
~‘y~
~k\’eS
—\~e\-~,
‘t~
~2OC)~
is
a
true
and correct copy of t~ierecords 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
_~\“+k~
day
of
_____
_________,
2003.
DONNA
McALLISTER,
City
Clerk
City
of
Des
p
ines,
County
of
Cook
By:
/(,2~724/
~
NANCY
P~’ERSON, Deputy
City
Clerk
City
ofVDes
Plaines,
County
of
Cook
*per the provisions of 65 ILCS 5/3.1-20-5
of the Illinois Compiled Statutes
(1998)
/
I
MINUTES
OF
THE
PEGUL~sR
~ETING
OF
THE
CITY,
COUNCIL
OF
THE
CITY
OF
DES
PLAINES,
ILLINOIS
HELD
IN
THE
ELF.P~NOR’
ROBRBACH
~MORIAL
COUNCIL
CH~NBERS, DES
PLAINES
CIVIC
CENTER,
TUESDAY,
FEBRTThRY
18,
2003,
_______________
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,
Christian~en
and
Brookman
were
absent.
Alderman
Christiansen
arrived
at
6:17
p.m.
Alderman
Brookinan
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
Flames Beautiful’ Coordinator Wolski, Assistant City Attorney Bartel and
City Attorney Wiltse.
EXECUTIVE
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
6:16 p.m.
The City Council reconvened at 7:00 p.m.
PRAYER AND
PLEDGE:
~RE~ENTATION:
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 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:
Grazie!
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.
Schoo
Our Lady of Destiny School
Plainfield Elem.
School
CALL
TO
OPD,ER:
ROLL CALL~
CITIZEN
PARTICIPA
COLLECTIVE
EARGAININGL
POLICE (~Pt
CHAPTER 2B~
Resolution
R—2 1—03
Ordinance
H—B —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 Plaines, read 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
Plaines,
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 ôonstructed 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.
Moved
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—’911), 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 “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,
Brookman,
Becker, Smith
NAYS:
1-Argus
ABSENT: 0-None
Motion declared carried.,
PRESENTATION
(Cent’ d.)
Devonshir.e Elementary School
Forest Elementary School
Friendship Jr.
High School
Immanuel Lutheran School
PAGE
THREE
MOTOR
FUEL
Moved by
Beauvais,
seconded by
Brookxnan,
to TABLE
the
TAX
INCREASE
matters of Motor Fuel Tax Increase and Telecommunication
& TELECOMM.
Tax
Increase,
scheduled
to
be
discussed
under
New
TAX
INCREASE:
Business later in the meeting.
Motion declared carried.,
M~CARIAUTO
Moved by
Smith,
seconded by
Becker,
to POSTPONE until
GROUP!
April
7,
2003,
the matter
of the Business
Development
77 RM~DROAD:
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,
Christianseri, 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~-1—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 Brookinan,
‘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
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 WIT11OU~ A LICENSE,
OR
DRIVING ON A SUSPENDEDLICENSE.”
Notion declared carried
as approved unanimously under Consent Agenda.
LIQ. 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 ADD one
(1) Class B-i
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-1O-03.
Motion
declared
carried.
TRAFFIC
Moved
by
Murphy,
seconded
by
Sayad,
to
concur
with
RESTRICTIONJ
recommendation
of
Staff Traffic Advisory
Committee
to
PERRY ST.:
amend Title
X, Chapter
7,
Section
3
-
“Stop Streets” of
Consent
the City Code to ~fl that westbound Perry Street traffic
Agenda
stop at Graceland Avenue;
arid further recommendto 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.)
LIME
EXTEN.J
CONDIT. USE
&
VARIATION,
2930
RIVER:
Resolution
R—22—03
ATM
MACHINE
PLACE.
AGREE.
POLICE
STA.
1420
MINER:
Consent
Agenda
Resolution
R—2 3—03
LOCKEOX
BANK
ACCT.
AGREE./
OAK
BROOK
BANK:
Consent
Agenda
Resolution
R-24—03
Lb.
MC.
CHANGE
OF
OWNERSHIP/
699
N.
WOLF:
Consent
Agenda
SECTION
3
“STOP
STREETS”
TO
.ADD
A
NEW
STOP
AT
THE’
WESTBOUND LANE OF PERRY STREET.
Motion declared carried
as approved unanimously under Consent Agenda.
Mr.
Gary
Danfield,
655 River
Road,
addressed the
City
Council
asking why
the
Ci’ty
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—Ol 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
ResolutionR-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 STATION, 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
W. l6~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-~1
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.
~‘k~L,n ri.v~
PARKIN~~
VARIATIONI
1660
S.
CORA:
Consent
Agenda
BID
AWARDL
AMBULANCE
STRETCHERS:
Consent
Agenda
BID
AWARDI
PRESSURE
WASHER FOR
PUBLIC
WKS.:
Consent
Agenda
ADVERTISING
FOR
BID:
Consent
Agenda
APPOINT~NT:
‘Consent
Agenda
ORDINANCE
H— 4—03
POLICE
RECORD
SYS. ADMIN.
(9—1—i)
Consent
Agenda
ORDINANCE
M—5—03
DONATION!
SURPLUS
FIRE
EQUIPMENT:
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 Staff
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,
Lincoinshire,
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 $8,935/2003
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
FLAINES.
Motion declared ca’rried as approved unanimously
under Consent Agenda.
Moved by Murphy,
seconded by Snyad,
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 and
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-l-03, AN ORDINANCE AMENDING TITLE X, “TRAFFIC,” ‘CHAPTEF
PARKING
5, “STOPPING STANDING AND PARKING” SECTION
17, “PARKING
RESTRICTION!
PROHIBITED
IN
DESIGNATED
PLACES”
OF
THE
CITY
OF DE~
FIFTH
AVE.:
PLAINES CITY CODE.
Motion declared carried as approved
Consent
‘
unanimously under Consent Agenda.
Agenda
OPDIN~~
Moved by Murphy, seconded by Sayad,
to adopt Ordinance
Z-3-03
Z-3-03, AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLO~
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
under
Agenda
Consent Agenda.
ORDINANCE
Moved
by
Beauvais,
seconded
by
Christiansen,
to
advance
T-3-03
to
Second
Reading
and
adopt
Ordinance
T—3--03,
At~
TRAFFIC
ORDINANCE AMENDING TITLE X, “TRAFFIC” CHAPTER 7, “THROUGh
RESTRICPIONI
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
P4-9-03,
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,
Brookman,
Becker,
Smith, Argus
NAYS:
0-None
ABSENT: 0—None
Motion declared carried.
MAYOR ARREDIA DECLARED
THAT
THE
CITY
COUNCIL
WAS
NO~
RESOLVE!)
INTO A COMMITTEE OF THE WHOLE
FINANCE
&
ADMINISTRATION
-
Alderman 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
~~IRED
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 Avenue,
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 sta~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
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
&
BEGS:
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
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-l2—03 be placed
on
First
Reading.
at. appropriate
time
this
evening.
Motion declared carried.
PUBLIC WORKS
—
Alderman Brookman, Chair
TP.ANSFER
Alderman
Brookman
reviewed
the
request
from
Disposal
STATION
Management
Systems,
101—103
Sell
Road,
for
a transfer
PERMIT!
.
station permit from the Illinois Environmental Protedtion
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—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 S!ngle—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
cond~.tions,
which
are:
HThLS
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
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 be’set 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 Pontarelli, Pontarelli 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.
Pontarelhi 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 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.
Pontarehli
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. Pontarelhi 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,,highting
and
traffic
problems;
the
City
should
improve
this
corner
but
not
with
a
zoning
change.,~
L’A~.~
N1N!~
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
ligl’its
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
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.
MAYOR
AP.BEDIA
ASSUMED
THE CHAIR
AND
DECLARED
THE
CITY
COUNCIL
BACK
IN
SESSION
ORDINANCE
Moved by Sayad,
seconded by Smith, to adopt Ordinance
P4-
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,
Brookman,
Becker,
Smith, Argus
NAYS:
0—None
ABSENT:
0-None
Motion declared carried.
ORDINANCE
Moved by Sayad,
seconded by Murphy,
to place on First
M-h1~P~
Reading Ordinance P4-11—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 Brookman 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,
Christianseri,
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,
Brookman,
Becker,
Smith,
Argus
NAYS:
0-None
ABSENT:
0-None
Motion declared carried.
AMENDMENTSL
Moved
by
Beauvais,
seconded
by
Sayad,
to concur with
~OA.RD
OF
F1B~
recommendation
of
Committee
‘of
the
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
P4-
12-03.
Motion declared carried.
Ordinance
M-12-03
Moved by Beauvais,
seconded by Becker,
to advance to
Second Reading and adopt Ordinance P4—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
Brookman,
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,
Brookman,
Becker,
Smith, Argus
NAYS:
0-None
ABSENT: 0-None
Motion declared carried.
ZONING CASE
Moved by Becker,
seconded by Brookman,
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
1601—03—09
Amendment to rezone property located at 1601—03—09 Hills
HILLS
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. VEB.
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
M-h1—03
Reading
and
adopt
Ordinance
P4-11—03,
AN
ORDINANCE
REVISIONS!
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.
AJOUBNMENT:
Moved by Becker, seconded by Brookman, that the regular
meeting of
the City Council adjourn.
Motion declared
carried.
Meet~~~jourmied at 10:25 p.m.
Donna McAllister,
MMC
-
CITY CLERK
APPROVED BY ME THIS
___________
DAY OF
__________________,
2003
Anthony W.
Arredia, MAYOR
CITY OF
PLAINES
1420
Miner
I
Northwest
Highway
I
Des
Plaines,
Illinois
6001 6-4498
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 dirt/gravelisand).
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 for the 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.
Dailyhours are
5
AM 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 ofyour IEPA permit when you receive it.
CI’rf
OF
.~
__
fl~BI~1
~N~LL!2IS
Disposal Management Systems, Inc.
Page 2
If you have any questions, please contact Ruth Broder, Community Development
Coordinator, at (847) 391-5381.
Sincerely,
William Schneider
Acting City Manager
CityofDes Plaines
Attachment
Cc:
Ruth Broder,
Community
Development
Christine Wolski, Public Works
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NoRTH
GRAND AVENUE
EAST,
P.O.
Box
1 9276,
SPRINGFIELD,
ILLINoIs
62794-9276
RENEE
CIPRIANO,
DIRECTOR
CERTIFICATION OF SITNG APPROVAL (LPC-PA8)
Name of Applicant:
~?
~
~
~
Address ofApplicant:
/
~‘)
~
?‘~Si~Y
1k1
Name of Site:
?~c).S
&-(
i1’~
~ çjs~çJ
‘y--,&~s,
~
~
~eey~
(~4
V
/
Site
Information:
Nearest City:
2&?
PI~~
“-.-c~JX”
County:
~
L
1.
‘On
February
_________________________________________
18
,)~?..~Q3the
City of Des Plaines
of
(governing
body
ofcounty ormunicipality)
Cook
County
approved
the site location suitability
~
(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. ill ½,
Section
1039.2.
The facility was approved for the following activities:
waste storage
(........_.j,
landfill
(.........),
waste disposal L...).
waste transfer station ( ‘)
waste treatment
(......._...),
waste incinerator
(_).
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.
?te~.
~c~1cc
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 orenforce
local conditions.)
The undersigned has been authorized by the
City
Council
of
(governing body of county or municipality)
the City of Des Plaix~xecute
this
certification
on
behalfof. the
.çjty of
Des
Plaines
(county or municipality)
J~uvtyor municipality)
~
NAME:
-
.7
MAYOR
.~
OFP~C~AL
SEAL
DONNA
L CATLETI
~1~~TA~W
PU~UC,
STATE OFiWfr4OIS
TITLE:
~
COMM~3ION
EXPR~)Ø/flfOLc
ATT~ST:
SUBSCR1BEDAN~WQRNTO~EFOREME
/1
thi
____day
of
~
/L/
~
/
~
~
Deputy~i ty
Clerk
Notary
Public
jah\002$92p.doc
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GEORGE
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GOVERNOR
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2.
3.
4.
5.
PRINTED
ON RECYCLED
PAPER
.1’
•
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
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
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 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 ofall notifications published in
a newspaper ofgeneral 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 101-103
Sell Road in Des Plaines, Illinois.
A copy of the notice published in the Journal and Topics Newspaper on Friday,
November
15,
2002 is attached.
~
DES
PLAINES
ILLINOIS
I
.420 Miner / Northwest
HighwayU
Des
Plaines.
Illinois 60016-4498
I
(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
Broder to Disposal Management Systems, Inc. or
pertaining to
Disposal Management Systems, Inc.
A
copy
of a letter dated
January
16,
2003 from Ruth Broder, City ofDes 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 ofthe City ofDes 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 ofDes Plaines, is
attached.
County of Cook)
State ofIllinois)
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 ofInformation Act (FOIA) request on behalfof
SWANCC
with the City ofDes Plaines requesting the City’s “final written decision” in
the matter ofthe 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 ofthe 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 ofMarch 24, 2003,
along with the Certification,
describing the conditions
ofapproval. A copy will be
sent to
SWANINC.” 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 FOIA
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.
~fl
~J(1J~&~
)“27.
L~2~A5
Donna M. Draper
Notaiy
Public,
State
of
Illinois
Notary
Public
MyCommission Exp.
03/25/2006
This Document is Filed on Recycled Paper
PROOF
OF SERVICE
Patricia F.
Sharkey, an attorney,
hereby certifies that she served
a copy ofthe foregoing
Notice of Filing and Petition for Hearing to Contest Site Location Approval on the persons listed
below by UPS Overnight Delivery, on April 29, 2003.
MayorAnthony
W.
Arredia
City of Des Plaines
City Hall
1420 Miner
Street
Des Plaines, IL
600 16-4498
Donna
McAllister
City Clerk
City ofDes 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
P
ri~ia
.
Sharkey
THIS DOCUMENT Is FILEDONRECYCLED
PAPER
