1. NOTICE OF FILING
      2. ATTORNEY’S CERTIFICATE OF SERVICE
      3. RECEIVED
      4. PETITION TO REVIEW POLLUTION CONTROLFACILITY SITING DECISION
      5. April24, 2003
      6. (Roll Call)
      7. April24, 2003
      8. I movethe Council adjourn.
      9. ATTORNEY’S CERTIFICATE OF SERVICE
RECEIVED
CL~RK~$
OFP~
BEFORE THE ILINOIS POLLUTION CONTROL BOARD
M~4Y2
12003
STATE OF ILLINOIS
ROCHELLE WASTE DISPOSAL, L.L.C.
)
Pollution
Control
Board
Petitioner,
)
No. PCB 03-
)
vs.
)
)
(Pollution Control Facility
)
Siting Appeal)
)
CITY COUNCIL OF THE CITY OF
)
ROCHELLE, ILLiNOIS,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Counsel orParties on attached Certificate ofService.
YOU ARE HEREBY NOTIFIED, that on May 20, 2003, we filed an original and
nine copies with the Illinois Pollution Control Board, the attached Rochelle Waste
Disposal, L.L.C.’s Petition to Review Pollution Control Facility Siting Decision in the
above entitled matter, a copy ofwhich is herewith served on you.
ROCHELLE WASTE DISPOSAL, L.L.C.
By:__
Michael F. O’Brien
Michael F. O’Brien
McGreevy, Johnson & Williams, P.C.
6735
Vistagreen Way
P.O. Box 2903
Rockford, IL 61132
815/639-3700
815/639-9400
(Fax)
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER.
ATTORNEY’S CERTIFICATE OF SERVICE
The undersigned, being first duly sworn on oath, depose and saythat I am an
attorney and
served the foregoing instrument upon the within named:
Rochelle City Council
Charles Heisten,
Esq.
Office ofthe City Clerk
Hinshaw & Culbertson
c/o Bruce McKinney, City Clerk
100 Park Avenue
Rochelle City Hall
Rockford, IL 61101
Sixth Street & Fifth Avenue
Rochelle, IL 61068-0601
Dennis Hewitt, Esq.
Rochelle City Attorney
Hewitt Law Offices
1124 Lincoln Highway
P.O. Box 605
Rochelle, IL 61068
by sealing a true and correct copy ofthe same in an envelope, addressed as shown above,
with sufficient United States postage and by depositing said envelope, so sealed and
stamped, in the United States Mail at Rockford, Illinois, at or about the hour of
5
o’clockp.m., on the ~~ay
ofMay, 2003.
Michael F. O’Brien
Michael F. O’Brien
McGreevy, Johnson & Williams, P.C.
6735
Vistagreen Way
P.O.
Box 2903
Rockford, IL 61132
815/639-3700
815/639-9400 (Fax)
00327453.DOC
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER.
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILINOIS POLLUTION CONTROL
BOAR~y
212003
STATE
OF
IWNO!S
ROCHELLE WASTE DISPOSAL, LL.C.
)
Pollution
Control Board
),
Petitioner,
)
No. PCB 03-
)
vs.
)
)
(Pollution Control Facility
)
Siting Appeal)
)
CITY COUNCIL OF THE CITY OF
)
ROCHELLE, ILLINOIS,
)
)
Respondent.
)
PETITION TO REVIEW POLLUTION CONTROL
FACILITY SITING DECISION
Petitioner Rochelle Waste Disposal, L.L.C. (“RWD”), by McGreevy, Johnson &
Williams, P.C., its attorneys, respectfully requests a hearing to
contest the decision ofthe
City Council ofRochelle, Illinois
(“the City Council”) denying siting approval forthe
proposed expansion ofthe Rochelle Municipal Landfill No. 2 (“the Expansion”), and in
support ofthis Petition, RWD states as follows:
1.
This Petition is filed pursuant to
Section 40.1(a) of the Illinois
Environmental Protection Act (the “Act”) (415 ILCS
5/40.1).
2.
On November 22, 2002, RWD submitted to the City Council its
Application for local
siting approval for the Expansion (“the Application”).
The
Expansion ofthe present 80 acre site located at 6513
South Mulford Road, Rochelle,
Illinois, would increase the permitted disposal area from 61.36
to 211.14 acres on a total
site of318.6 acres and would increase the height from 876 msl to 960 msl.
The
Expansion would be used for the disposal ofmunicipal solid waste and non-hazardous
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER.
special waste with a proposed average daily volume of 2500 tons as well as a proposal to
exhume the waste in the unlined Unit
1 ofthe existing facility and relocate it in the
modern,
lined Expansion.
3.
On April 24, 2003
(as purportedly reconsidered
and modified without
notice to RWD on April 28, 2003), following service and publication ofnotice and public
hearings conducted before a hearing officer, said hearings having been held between
February 24
and March 4,
2003, the City Council
denied the Application.
A true and
correct copy ofthe City Council’s Resolution R03-10 denying same is attached hereto as
Exhibit A.
True and correct copies ofthe minutes ofthe City Council’s meetings on
April 24 and April 28, 2003,
are attachedhereto as Exhibits
B and C, respectively.
4.
RWD contests and objects to the City Council’s decision to deny the
Application because the siting process and procedures used by the City Council in
reaching that decision were fundamentally unfair.
5.
RWD further contests the City Council’s siting denial because it is wholly
unsupported by the record and is against the manifest weight ofthe evidence.
6.
To the extent the City Council’s siting denial held that criteria (i),
(ii), (iii),
(vi) and (ix) ofthe Act were not met, the denial was clearly against the manifest weight
ofthe evidence as was the imposition ofthe special conditions imposed by the Resolution
R03-10
and the purported reconsideration and modification ofthat decision on April 28,
2003, without notice to
RWD.
WHEREFORE, RWD respectfully requests that the Board enter an order (a)
setting for hearing this contest ofthe City Council’s siting denial decision, (b) reversing
2
THIS DOCUMENT IS PRINTED ON RECYCLED
PAPER
the City Council’s siting denial decision, and (c) providing such other and furtherrelief
as the Board deems appropriate.
Respectfully submitted,
ROCHELLE WASTE DISPOSAL, L.L.C.
By:
McGreevy, Johnson & Williams,
P.C.
By:_______
Michael F. O’Brien
One ofIts Attorneys
Michael F. O’Brien
McGreevy, Johnson & Williams, P.C.
6735 Vistagreen Way
P.O. Box 2903
Rockford, IL 61132-2903
(815)639-3700
(815)639-9400
(Fax)
00327444.DOC
3
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER
COpy
RESOLUTION OF
THE
ROCHELLE CITY COUNCIL
ON
THE
ROCHELLE WASTE DISPOSAL, LLC APPLICATION FOR A
POLLUTION CONTROL FACILITY
RESOLUTION NO.
/~3-I~
WHEREAS,
ROCHELLE
WASTE
DISPOSAL.
LLC
(“APPLICANT”)
has
petitioned
the City ofRochelle, and the Rochelle City Council
(“City Council”) for
local
siting approval of
a pollution
control
facility.
Specifically,
APPLICANT
proposes
to
develop
a
comprehensive•
waste management facility including transfer,
storage, treatment, and
disposal of non-hazardous
solid
waste,
as
detailed
in
its
Application
for
Approval
of
a
Pollution
Control
Facility
(“Application”).
WHEREAS,
the Rochelle City
Council
conducted
various public
hearings and
received
testimony
from
expert
witnesses
presented
by
the
Applicant
and
various
Participants
for
purposes ofeliciting public comment
and evaluation the Application; and
WHEREAS,
the
Rochelle
City
Council
has
accepted
and
considered
all
written
comments delivered or mailed within 30 days ofthe last day ofthe public hearing; and
WHEREAS,
the
Rochelle
City
Council
has
reviewed
the
Application
in
light
of the
criteria established for consideration ofsiting ofpollution control facilities in Section 39.2 of the
Illinois Environmental Protection Act;
and
• WHEREAS,
the Rochelle
City
Council
finds
that the
Hearing Officer,
Mr.
Glenn
C.
Sechen, properly ruled upon the Pre-hearing issues and Motions to
Dismiss
and
Disqualif~’
made
by
Ogle County Concerned Citizens, and
WHEREAS, after review ofthe Application, the expert testimony presented,
all
exhibits,
all
public comments, the Report and Recommendation of City
Staff,
and the proposed Findings
ofFact
and Conclusions ofLaw
submitted by the Hearing Officer herein,
and after considering
all
relevant and applicable
factors
and
matters,
the Rochelle City
Council
HEREBY
FINDS
as
follows:
I.
That the Rochelle
City
Council
has jurisdiction to
consider the Rochelle
Waste
Disposal, LLC application for siting approval of a pollution control facility based
upon the applicant’s proper notification as provided by Section 39.2 ofthe Illinois
Environmental Protection
Act
and the City ofRochelle
Siting Ordinance
as such
laws pertain to the persons and entities that appear on
the authentic tax records of
Ogle County which are maintained by the Ogle
County Treasurer, as
well as such
other notice requirements set
forth in such statutory provisions.
(Further, that the
hearing was conducted in a fundamentally fair manner.)
Nay
0
•
Abstain
0
Aye
5
EXHIBIT
A
(A)
CRITERION
#1:
THE
FACILITY
IS
NECESSARY
TO
ACCOMMODATE
THE
WASTE
NEEDS
OF
THE
AREA
IT
IS
INTENDED
TO
SERVE.
The Applicant has demonstrated compliance with Criterion #1:
Nay
4
Abstain
0
Aye
I
(B)
CRITERION #2:
THE
FACILITY
IS
SO DESIGNED,
LOCATED AND
PROPOSED
TO
BE
OPERATED
THAT
THE
PUBLIC
HEALTH,
SAFETY
AND WELFARE WILL
BE PROTECTED.
The Applicant has demonstrated compliance with Criterion #2:
Nay
3
Abstain
0
Aye
2
(C)
CRITERION #3:
THE
FACiLITY IS LOCATED
SO
AS TO
MINrvllZE
INCOMPATIBILITY
WITH
THE
CHARACTER
OF
THE
SURROUNDING
AREA
AND
TO
MINIMIZE
THE
EFFECT
ON
THE
VALUE
OF
THE
SURROUNDiNG PROPERTY.
The Applicant
has demonstrated compliance with
Criterion
#3:
Nay
3
Abstain
0
Aye
2
(D)
CRITERION
#4:
THE
FACILITY
IS
LOCATED
OUTSIDE
THE
BOUNDARY
OF
THE
100-YEAR
FLOODPLAN
OR
THE
SITE
IS
FLOOD-
PRO OFED.
The Applicant
has demonstrated compliance with Criterion #4:
Nay
0
Abstain
0
Aye
5
(E)
CRITERION #5:
THE
PLAN
OF OPERATIONS FOR
THE FACILITY
IS
DESIGNED
TO
MINIMIZE
THE
DANGER
TO
THE
SURROUNDING
AREA
FROM
FIRE, SPILLS, OR OTHER OPER
TIONAL ACCIDENTS.
2
The Applicant has demonstrated compliance with Criterion #5:
•
Nay
0
•
Abstain
0
Aye
5
Does the City Council hold
that
its
finding of compliance with
Criterion
#5
is subject to any special
conditions?
Nay
0
Aye
5
Abstain
0
Special Conditions to Criterion
#5:
41.
The
Applicant
shall
develop
a
comprehensive
Health
and
Safety
Plan
which
outlines
procedures
•
and
other
such
appropriate
plans
necessary
for
safe
exhumation
of existing
Unit
1.
These plans
shall
be
submitted
to
the
City
of
Rochelle
for
review
and
concurrence
prior
to
submittal
of
the
IEPA
permit
application to conduct such activities.
42.
•
The operator shall immediately notify the City ofRochelle ofthe composition and
source
of
any
regulated
hazardous
waste
which
has
been
discovered
to
be
accepted at the facility.
Special conditions to
Criterion #5
approved
Nay..0____
Aye_5_
•
Abstain
0
(F)
CRITERION
#6:
THE
TRAFFIC
PATTERNS
TO
OR
FROM
THE
FACILITY
ARE
SO
DESIGNED
AS
TO
MINIMIZE
THE
IMPACT
ON
EXISTING TRAFFIC FLOWS.
The Applicant has demonstrated compliance with
Criterion #6:
Nay
4
Abstain
0
Aye
1
(G)
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 OF AN ACCIDENTAL RELEASE.
The Applicant has demonstrated
compliance with Criterion #7:
Nay
0
Abstain
0
Aye
5
3
(H)
CRITERION
#8:
IF
THE
FACILITY
IS
TO
BE
LOCATED
iN
A
COUNTY
WHERE
THE
COUNTY
BOARD
HAS
ADOPTED
A
SOLID
WASTE
MANAGEMENT
PLAN
CONSISTENT
WITH
THE
PLANNING
REQUIREMENTS
OF
THE
LOCAL
SOLID
WASTE
DISPOSAL
ACT
OR
THE
SOLID
WASTE PLANNING AND
RECYCLING
ACT,
THE
FACILITY
IS CONSISTENT
WITH THAT
PLAN.
The Applicant has demonstrated compliance with Criterion #8:
•
Nay
1
Abstain
0
Aye
4
Does the
City
Council
hold
that its
finding of compliance with
Criterion
#8
is subject to any special
conditions?
Nay
0
Aye
5
Abstain
0
Special condtions to Criterion #8:
49.
Within
90
days
of
receiving
final
and
non-appealable
siting
approval,
the
Applicant shall notify,
in writing, the Ogle County
Solid Waste Department of all
parties
affected by
the ground water well
and
property value protection plan as
described within the executed Host County Agreement.
•
•
Special conditions to Criterion #8 approved:
Nay
0
Aye_5____
Abstain
0
(I)
CRITERION
#9:
If
THE
FACILITY
WILL
BE
LOCATED
WITHIN
A
REGULATED
RECHARGE
AREA,
ANY
APPLICABLE
REQUIREMENTS
•
SPECIFIED
BY
THE BOARD
FOR SUCH
AREAS HAVE
BEEN MET.
The Applicant has demonstrated
compliance with Criterion #9:
Nay
3
Abstain
0
Aye
2
NOW, THEREFORE, BE IT RESOLVED by the Rochelle City Council
that based upon
its
findings on these nine criteria, the Rochelle City
Council
hereby:
Denies the Application for siting approval.
4
BE IT FURTHER RESOLVED
that this Resolution becomes effective immediately upon
the adoption thereof.
PRESENTED, PASSED
AND APPROVED this
24th
day of
April, 2003.
ROCHELLE CITY COUNCIL
•
ROCHELLE, ILLINOIS
ATTEST
BY:
~tyCli~”~7
•____
70358675v1
7g6489
•
•.
•
•
•
•~•
5
ROCHELLE CITY COUNCIL
SPECIAL COUNCIL MEETING
THURSDAY APRIL 24, 2003
The
Rochelle City Council
met
in Special Session at
7:00
p.m. on
April 24,
2002
in the Council Chambers
of City Hall,
420 N.
6th
Street, Rochelle, IL 61068.
Present on Roll Call
were Councilmen
Bubik,
Coiwill, Hann,
and Kissick
and Mayor Gingerich.
Absent
None.
Also present were City Manager Salitros, City Attorney Hewitt, and City Clerk McKinney.
BUSINESSITEMS
1.
To
Consider
and
act
upon
the request of Rochelle Waste Disposal,
LLC’s
petition for local
siting
approval
of
a
pollution
control
facility.
Mayor
Gingerich
asked
City
Attorney
to
present
the
Resolution for consideration.
Attorney
Hewitt
stated that the
Council
first
has to. determine that they have
the
authority
to
rule on
the
application.
Mayor Gingerich moved
and
seconded
by
Councilman Hann,
“I
move
that
the Council
finds
that the Rochelle
City Council
has jurisdiction
to consider the Rochelle Waste Disposal, LLC
application
for
siting
approval
of
a
pollution
control
facility
based
upon
the
applicant’s
proper
notification as provided
by Section 39.2 of the illinois
Environmental
Protection Act and the City of
Rochelle
Siting
Ordinance
as
such
laws
pertain
to
the
persons
and
entities
that
appear
on
the
authentic tax records
ofOgle County
which are maintained
by the Ogle County Treasurer, as well
as such
other notice r&iuirements set forth in
such
statutory provisions.
Further, that the hearing
was
conducted
in
a
fundamentally
fair manner”.
A
roll
call
was
taken.
Ayes:
Councilman Bubik,
Coiwill, Hann,
Kissick and Mayor Gingerich.
Nays:
None.
Motion passed
5-0.
A.
Criterion
#1.
Mayor Gingerich
moved and seconded by Councilman Bubik,
“1 move the Council
concur that the Applicant has
demonstrated compliance with Criterion #1:
‘I’HE
FACILITY
IS
NECESSARY
TO
ACCOMMODATE
THE
WASTE
NEEDS
OF
THE
AREA
IT
IS
INTENDED TO
SERVE.”
A roll
call
was
taken.
Ayes:
Mayor
Gingerich.
Nays:
Councilman
Bubik,
Coiwill, Hann, and Kissick.
Motion failed
1-4.
B.
Criterion
#2.
Councilman
Bubik
moved
and
seconded
by
Councilman
Hann,
“1
move
the
Council
concur
that
the applicant
has
demonstrated
compliance
with
Criterion
#2:
THE
FACILITY IS
SO
DESIGNED, LOCATED
AND PROPOSED
TO
BE
OPERATED
THAT
THE
PUBLIC HEALTH,
SAFETY AND WELFARE WILL
BE PROTECTED.”
A roll call
was taken.
Ayes:
Councilman Hann and
Mayor Gingerich.
Nays:
Councilmen
Bubik,
Coiwill
and Kissick.
Motion failed 2-3.
C.
Criterion
#3.
Councilman
Hann
moved
and
seconded
by
Councilman
Bubik,
“1
move
the
Council
concur
that
the
applicant
has
demonstrated
compliance
with
Criterion
#3:
THE
FACiLiTY
IS. LOCATED
SO
AS
TO
MINIMIZE
iNCOMPATIBiLITY
WITH
THE
CHARACTER OF THE
SURROUNDING AREA AND TO
MINIMIZE
THE
EFFECT
ON
THE
VALUE
OF
THE
SURROUNDING
PROPERTY.”
A
roll
call
was
taken.
Ayes:
Councilman Hann and Mayor Gingerich.
Nays:
Councilmen
Bubik,
Colwill
and
Kissick.
Motion
failed 2-3.
EXHIBIT
B
Criterion
#4.
Councilman
Hann
moved
and
seconded
by
Councilman
Bubik,
“I
move
the
Council
concur
that the
applicant
has
demonstrated
compliance
with
Criterion
#4:
THE
FACILITY
IS
LOCATED
OUTSIDE
THE
BOUNDARY
OF
THE
100-YEAR
FLOODPLAN_OR
THE
SITE
IS
FLOOD-PROOFED.”
A
roll
call
was
taken.
Ayes:
Councilman Bubik, Colwill,
Hann,
Kissick and Mayor Gingerich.
Nays:
None.
Motion
passed 5-
0.
•
.
E.
Criterion
#5.
Mayor Gingerich moved and seconded by Councilman Hann,
“I move the Council
concur that the applicant has
demonstrated compliance with Criterion
#5:THE
PLAN
OF
OPERATIONS
FOR THE
FACILITY
IS
DESIGNED
TO
MINIMIZE THE
DANGER TO
THE
SURROUNDING
AREA
FROM
FIRE,
SPILLS,
OR
OTHER
OPERATIONAL
ACCIDENTS.”
A
roll
call
was
taken.
Ayes:
Councilman
Bubik,
Colwill,
Hann,
Kissick
and
Mayor Gingerich.
Nays:
None.
Motion passed
5-0.
Mayor
Gingerich
moved
and
seconded
by
Councilman
Bubik,
“I
move
the
Council
attach
special
conditions
to Criterion #5.”
A
roll
call
was taken.
Ayes:
Councilman Bubik,
Coiwill,
Hann, Kissick and Mayor Gingerich.
Nays:
None.
Motion passed 5-0.
Mayor Gingerich moved and
seconded by Councilman Bubik,
“I move
that the Council
attach
special
conditions
41-42
as
found
on
page
41
in
the
Hearing
Officer’s
FINDINGS
OF
FACTS,
CONCLUSIONS
OF
LAW AND
RECOMMENDATIONS.” A roll
call
was
taken.
Ayes:
Councilman Bubik,
Coiwill,
Hann,
Kissick
and
Mayor Gingerich.
Nays:
None.
Motion
passed
5-0.
F.
Criterion
#6.
Councilman
Bubik
moved
and
seconded
by
Councilman
Hann,
“1
move
the
Council
concur
that the
applicant
has
demonstrated
compliance with
Criterion
#6:
THE
TRAFFIC
PATTERNS
TO
OR
FROM
THE
FACILITY
ARE
SO
DESIGNED
AS
TO
MINIMIZE
THE
IMPACT ON EXISTING TRAFFIC FLOW.” A roll
call was taken.
Ayes:
Mayor Gingerich.
Nays:
Councilman Bubik, Coiwill, Hann,
and
Kissick.
Motion failed
1-4.
G.
Criterion
#7.
Councilman
Kissick
moved
and
seconded
by
Councilman
Hann,
“I
move
the
Council concur that the applicant
has
demonstrated compliance with 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
OF AN
ACCIDENTAL
RELEASE.”
A
roll
call
was
taken.
Ayes:
Councilman Bubik,
Colwill, Hann, Kissick
and Mayor Gingerich.
Nays:
None.
Motion passed
5-
0.
-
H.
Criterion
#8.
Councilman Hann
moved
and
seconded
by
Councilman
Kissick,
“I
move
the
Council
concur that the applicant has
demonstrated compliance with Criterion #8:
IF THE
FACILITY
IS
TO
BE
LOCATED
IN
A COUNTY
WHERE
THE COUNTY BOARD
HAS
ADOPTED
A
SOLID
WASTE
MANAGEMENT
PLAN
CONSISTENT
WITH
THE
PLANNING
REQUIREMENTS OF THE
LOCAL SOLID
WASTED
DISPOSAL ACT
OR
THE
SOLID
WASTE
PLANNING
AND
RECYCLING
ACT,
THE
FACILITY
IS
CONSISTENT
WITH
THAT PLAN.”
A
roll
call, was taken.
Ayes:
Councilman Bubik,
Hann.,
Kissick
and
Mayor Gingerich.
Nays:
Councilman Coiwill.
Motion passed 4-1.
Mayor
Gingerich moved and seconded by
Councilman Mann, “I
move the Council
attach special
conditions
to Criterion
#8.”
A
roll
call
was
taken.
Ayes:
Councilman
Bubik,
Colwill,
Hann,
Kissick and Mayor Gingerich.
Nays:
None.
Motion passed
5-0.
Mayor Gingerich
moved
and
seconded
by
Councilman Hann,
“I
move
that the Council
attach
special
condition
#49
as found
on
page
50
in
the Hearing
Officer’s
FINDINGS OF
FACTS,
CONCLUSIONS
OF
LAW
AND
RECOMMENDATIONS.”
A
roll
call
was
taken.
Ayes:
Councilman Bubik, Colwill, Hann, Kissick
and Mayor Gingerich.
Nays:
None.
Motion passed
5-
0.
I.
Criterion
#9.
Councilman
Bubik
moved
and
seconded
by
Councilman
Hann,
“I
move
the
Council
concur
that the applicant
has
demonstrated compliance with Criterion
#9:
IF THE
FACILITY WILL
BE
LOCATED
WITHIN
A
REGULATED
RECHARGE
AREA, ANY
APPLICABLE
REQUIREMENTS
SPECIFIED
BY
THE
BOARD
FOR
SUCH
AREAS
HAVE
BEEN MET.”
A
roll
call
was
taken.
Ayes:
Councilman Hann
and
Mayor
Gingerich.
Nays:
Councilmen Bubik, Coiwill and Kissick.
Motion failed 2-3.
J.
Unnumbered Criterion.
No
motion was presented.
K.
GeneralSpecial Conditions to be adopte4
No motion was presented.
Mayor
Gingerich
stated that
NOW,
THEREFORE,
BE IT
RESOLVED
by the Rochelle City Council
that
based upon
it findings on
these nine criteria, the Rochelle City Council
hereby denies the Application for
siting approval.
AD.JO
URWI.vIENT:
With
no
ffirther
business,
Councilman
Hann
moved
and
seconded
by
Councilman
Kissick
seconded,
“I
move
the
Council
adjourn.”
Motion
passed
by
voice
vote
without
dissent.
Meeting adjourned at
7:35
p.m.
Bruce
W.
McKinney, RMC/çZ’MC
Robert Gingerich
City Clerk, City ofRochell~’
.
Mayor, City ofRochelle
April24,
2003
Date
of
Meeting
Time:
Number:
April24, 2003
Date
of
Meeting
Time:
Number:
CITY OF ROCHELLE
ROLL CALL
CITY OF ROCHELLE
ROLL CALL
City Council
YCity Council
Committee of
Regular
Special
the Whole
ROLL CALL Vote
____
VIA VOICE Vote
City Council Regular
~City
Council Special
Committee of the Whole
ROLL
CALL
Vote
VIA VOICE Vote
R~3EN’T
~SENT
V
)1
V
““fly”
ft
BIJBIK
COLWILL
HANN
KISSICK
GINGERICH
VI
VI
~.1
7
/
/
~
4L/HANN
I
V
MOTION:
(Roll Call)
Motion
made
by:_
Seconded by:______
PASSED
NOTIFY_______
_____POST TILL____
PRIVILEGE OF THE
MOTION:
I
move
that
the Council
finds
that
the
Roche/k
City
Council
has
jurisdiction to consider theRochelle
Waste Disposal, LLCapplicationfor
siting
approval
ofa pollution controlfadiity based upon the
applicant’sproper
notjfication
asprovided by
Section 39.2 ofthe Illinois Environmental
Protection
Act
and the City ofRochelleSiting
Ordinance as such
laws pertain
to the persons and
entities that appear on the authentic
tax
records of
Ogle County
which are maintained by the Ogle
Mo?~’i~’
~a~re~
as
well
assuch other notice
requiremenI~
set~f~t1t-in
such
statutory-provithrns.
Further, thatt hearing
was
conducted in a
Se$td~j~pnnar
~/Y7~r
PASSED
_____
NOTIFY
_____POST TILL
FLOOR
PRIVILEGE
OF THE
FLOOR
DEFER
DEFER
April24,
2003
April24,
2003
Date
of Meeting
Date of Meeting
Time:
Number:
Time:
Number:
CITY OF ROCHELLE
CITY OF ROCHELLE
ROLL CALL
ROLL CALL
XCity Council Regular
~~CityCouncil Regular
_City
Council Special
City Council Special
Committee of the Whole
‘
Committee of the Whole
ROLL CALL Vote
____
ROLL CALL Vote
____
VIA VOICE Vote
VIA VOICE Vote
—
--
_
==-.=---
.
BtJBIK
BtJBIK
-~
~00LWILL—
COLWILL
~HA~
—
KISSICK
.
KISSICK
—
GINGERICH
GINGERICH
MOTION:
MOTION:
I
move
the Council concurthatthe applicant has
.
I movethe Council not
attach
special
conditions to
demonstrated compliance
with Criterion
~1:THE
Criterion #1.
FACILITYIS NECESSARY TOACCOMMODA TE
THE WASTE NEEDS OF
THEAREA
ITIS
INTENDED’TO SERVE.
Motion
nade
by:_____________
Motion
made
by:_____________
Seconded
b~ç:________________
Seconded
by:________________
p&k~~’ ~
PA~’5~ED
I
-
PASSED
-
—
NOTIFY
~
—
NOTIFY_________________
—
POST TILL__________________
‘
_____POST TILL_________________
PRIVILEGE
OF
THE
FLOOR
PRIVILEGE
OF
THE
FLOOR
DEFER
‘
‘
DEFER
April24,2003
April24, 2003
Date
of
Meeting
Time:
Number:
Date
of
Meeting
Time:
Number:
CITY
OF
ROCHELLE
ROLL CALL
CITY OF ROCHELLE
ROLL
CALL
City
Council
~City
Council
Committee
of
Regular
Special
the
Whole
ROLL
CALL
Vote
____
VIA VOICE Vote
•BUBIK
COLWILL
•HANN ~
KISSICK
•GINGERIOH
City
Council
~City
Council
Committee of
Regular
Special
the Whole
ROLL
CALL
Vote
____
VIA VOICE Vote
—
BUBIK
COLNILL
HANN
KISS ICK—
GINGERICH
MOTION:
I move the Councilconcurthat the applicanthas
demonstrated
compliance
with Criterion #2: THE
FACILITYISSODESIGNED,LOCATEDAND
PROPOSEDTOBEOPERATEDTHATTHE
PUBLIC
HEALIH, SAFETYAND
WELFARE
WILLBEPROTECTED.
—
PRIVILEGE
OF
THE
FLOOR
Seconded
by:
PASSED
NOTIFY
_____POST
TILL
PRIVILEGE OF THE
FLOOR
~ESEN1
EN?
V
V
3qTATN
7,
LI
V
N
STAIN
MOTION:
I
move
thatth
Cou
cii
attach special conditions
#10-37asfoun
pages 30-34in theHearing
Officer’s
FINDI
5OFFACTS, CONSLUSIONS
OFLA
WAND’~RE
OMMINDATIONS.
Motion
made
by:
Motion
made
by:
Second~y,~
_____
~/
?~ED
____
NOTIFY
—
_____POST TILL
DEFER
DEFER
April24,
2003
April24,
2003
Date of Meeting
Time:
Number:
CITY
OF
ROCHELLE
ROLL
CALL
City
Council
Regular
XCity Council Special
Committee of the Whole
ROLL
CALL Vote
____
VIA VOICE Vote
—
Date
at
Meeting
Time:
Number:
CITY
OF
ROCHELLE
ROLL
CALL
City
Council
Regular
~City
Council Special
Conunittee
of
the
Whale
ROLL
CALL
Vote
VIA VOICE Vote
MOTION:
•BUBIK
COLWILL
•HANN
KISSICK
V
GINGERICH
\
Imove thattheCo
#38-40 asfoundoi
FINDINGS OF F~
AND
RECOMMI~
ncil/#ach special conditions
p~e38 in the Hearing Officer’s
eTS,CONSLUSIONSOF
LAW
DA TIONS.
Motion
made
by:
Seconded
~
~ 3
NOTIFY___________
_____POST
TILL_________
PRIVILEGE
OF
THE
FLOOR
Motion
made
by:
Seconded
by:_
PASSED
NOTIFY___
_____POST
TILL
PRIVILEGE
OF
THE
FLOOR
MOTION:
I movethe Gouncilconcurthatthe applicant has
demonstrated compliance with Criterion #3: THE
FACILITYISLOCATEDSOAS TO MINIMIZE.’
INCOMPATIBILITYWiTH THEC~HARACTER
OFTHESURROUNDING
AREA
AND TO
MINIMIZETHEEFFECTONTHEVALUEOF
THESURROUNDING PROPERTY.
DEFER
DEFER
April24,
2003
Date
of
Meeting
Time:
BUD
IK—~
COLWI LL
KISS ICK
GINGERICH
Number:
CITY
OF
ROCHELLE
ROLL
CALL
City
Council
~~City
Council
Committee
of
Regular
Special
the Whole
ROLL
CALL Vote
____
VIA
VOICE
Vote
‘RZUN?
I$EN?
V
/
I?
~S?AIN
~1
MOTION:
I movethe Council concurthatthe applicant has
demonstratedcompliancewith Criterion #4.~THE
FACILITYISLOCA TED
OUTSIDE THE
BOUNDARY OF THE 100-YEAR FLOODPLAN
OR THE SITE IS FLOOD-PROOFED.
April24,2003
Date
of
Meeting
Time:
‘trw,
‘IAN’,
BUBIK
COLWILL
—
H~NN
~KISSICK
GINGERICH
‘I
Number:
CITY
OF
ROCHELLE
ROLL
CALL
_~City
Council
_City
Council
Committee of
Regular
Special
the
Whole
ROLL
CALL
Vote
____
VIA
VOICE
Vote
MOTION:
Imovethe Councilnot
attach special
conditions to
Criterion 1W.
S.
Motion
made
by:
Seconded by:
t—
PASSED’~-O
NOTIFY______
_____POST
TILL____
PRIVILEGE
OF
THE
Motion
made
by:
Seconded
by:_
PASSED
-
NOTIFY_______
_____POST TILL____
PRIVILEGE
OF THE
FLOOR
DEFER
‘Spar”
DEFER
FLOOR
April24,
2003
April
24’,
2003
Date
of
Meeting
Time:
Number:
CITY’OF ROCHELLE
ROLL
CALL
Date
of
Meeting
Time:
CITY OF ROCHELLE’
ROLL
CALL
~City
Council
City
Council
Committee of
Regular
Special
the Whole
_~City
Council
Regular
_City
Council
Special
Committee of the Whole
ROLL
CALL
Vote
____
VIA VOICE Vote
—.
Motion
made
by:
Seconded by:
t”~ASSED
(ç-.o
NOTIFY______
_____POST
TILL____
PRIVILEGE
OF
THE
FLOOR
Number:
RESENT
53 ENT
MARE
V
BSTAIN
•BUBIK
•COLWILL
—
KISSICK
GINGERICH
VI
‘I
~1
‘I
‘I
‘I
/
ROLL
CALL
Vote
____
VIA VOICE Vote
MOTION:
I
move
the Council concurthatthe applicant has
demonstrated compliance
with
Criterion#5~THE
PLAN OF OPERATIONS FOR THE FACILITYIS
DESIGNED TO MINIMIZE THE DANGER TO
THE SURROUNDING
AREA
FROM FIRE,
SPILLS, OROTHEROPERATIONAL
ACCIDENTS.
Motion
made
by:
MOTION.
I
move that the
Council
attach
specialconditions 41-
42 as
foundon page 41
in the HearingOffic&s
FINDINGS OF FACTS, CONSL USIONS OFLA W
ANDRECOMMINDATIONS.
April24, 2003
Seconded by:,
1/
I
__\/_
PASSED~-O
NOTIFY______
_____POST TILL____
PRIVILEGE
OF
THE
FLOOR
DEFER
DEFER
April 24,2003
April24,2003
Date
of
Meeting
Time
Number:
Date
of
Meeting
Time:
Number:
CITY OF ROCHELLE
ROLL
CALL
CITY
OF
ROCHELLE
ROLL
CALL
City
Council
~City
Council
Committee of
Regular
Special
the
Whole
ROLL
CALL
Vote
____
VIA
VOICE
Vote
~City
Council
City
Council
Committee
of
ROLL
CALL
Vote
VIA VOICE Vote
Regular
Special
the
Whole
MOTION:
BUBIK
COLWILL
KISSICK
GINGERICH
I movethe Council concurthatthe applicant has
demonstrated compliance
with Criterion #6~
THE
TRAFFIC PA TTERNS
TO ORFROM THE
FACILITYARESO DESIGNEDAS TO
MINIMIZE THE IMPACT ON
EXISTING
TRAFFIC FLOWS.
KISS ICK
MOTION:
GINGERICH
I movethat the Council attach special conditions
#43-48 asfound on pages45-46 in theHearing
Officer’sFINDINGSOFFACTS, CONSLUSIONS
OFLAWANDRECOMMINDATIONS.
Motion
made
by:
Seconded
by:_
PASSED
-
NOTIFY_______
POST
TILL
PRIVILEGE
OF
THE
FLOOR
PRIVILEGE
OF THE
FLOOR
DEFER_____________
DEFER
S
‘,NT
IS,”,
V
\1
‘TrAm,
.fl~fl4p
NAN’,
V
(
7
/
N
V
‘STAT”
ii
BUBIK
COLWILL
Motion
made
by:
Seconded
by:
i~L
NOTIFY______
_____POST TILL____
April24,
2003
‘
‘.‘
April24,
2003
Date
of
Meeting
Date
of
Meeting
Time:
Number:
‘
Time:
Number:
CITY OF ROCHELLE
CITY OF ROCHELLE
ROLL CALL
ROLL CALL
City Council Regular
City Council Regular
~City
Council Special
~City
Council Special
Committee
of
the
Whole
Committee
of
the
Whole
ROLL
CALL
Vote
____
ROLL
CALL
Vote
____
VIA VOICE Vote
VIA VOICE Vote
~.,..
V
A
V
~STMN
RESENT
RSEMT
MARE
V
N
V
STAIN
BUBIK
~
I
BUBIK
COLWILL’~
V
7
COLWILL
HA~fl~
,
KISSICK
KISSICK
GINGERICH
V
GINGERICH
MOTION:
MOTION:
Imovethe Gouncilconcurthat the applicant
has’
.
Imove the Gouncil not attach special conditionsto
demonstrated compliance
with
Criterion #7: IF THE
Criterion #7.
FACILITY WILL BE
TREA
TING, STORING OR
DISPOSING
OF
HAZARDOUS
WASTE,
AND
EMERGENCY
RESPONSEPLAN
EXISTS FOR
THE FACILITY
WHICH INCLUDES
NOTIFJCATION,
CONTAINMENT, AND
EVACUATIONPROCEDURES TOBE USEDIN
CASEOFANACCIDENTALRELEASE.
Motion
made
by:
~
~
Motion
made
by:_______________
Seconded
by:
~t’1/VV~
Seconded
by:_________________
PASSED
~-
j~
PASSED
-
—
NOTIFY
—
NOTIFY__________________
_____POST TILL
—
POST TILL_________________
PRIVILEGE
OF
THE
FLOOR
PRIVILEGE
OF
THE
FLOOR
DEFER____________________
—
DEFER
April24,
2003
April24, 2003
Date
of
Meeting
Time:
Number:
Date
of
Meeting
Time:
Number:
CITY
OF
ROCHELLE
ROLL CALL
CITY
OF
ROCHELLE
ROLL
CALL
~~City
Council
_City Council
Committee of
Regular
Special
the
Whole
~City
Council
_City
Council
Committee of
Regular
Special
the Whole.
ROLL
CALL
Vote
VIA VOICE Vote
ROLL
CALL
Vote
VIA VOICE Vote
MOTION:
I movethe Council concur thatthe applicant has
demonstrated compliance
with
Criterion #8~
IF THE
FACILITYIS TOBELOCATEDINACOUNTY
WHERE
THECOUNTYBOARDHAS
A1)OPTED
ASOLID WASTEMANAGEMENTPLAN
CONSISTENTWITHTHE
PLANNING
REQUIREMENTS OF THE LOCAL SOLID
WASTE
DISPOSAL
ACT OR THE SOLID WASTE.
PLANNING AND REC
YCLINGACT,
THE
FACILITY IS CONSISTENT WITh
THATPLAN.
Motion made by:______________
Seconded by:______
PASSED
~-
I
NOTIFY_______
_____POST
TILL____
V
RYI
ASTAIM
(
RESENT
I
V
•BUDIK
COLWILL
HANN
-~
KISSICK
GINGERICH
N
V
‘I
‘I
ES
TAT
N
BUBIK
‘~-
‘V
~COLWILL
HANN
KISSICK
4
GINGERICH
1/
TION:
ImovethattheCouncilattach special condition
#49
asfoundonpage 50in theHearing Officer’s
FINDINGSOF FACTS, CONSLUSIONSOF
LAW
AND RECOMMINDA TIONS.
Motion
made by:______________
Seconded by:___________________
/~PASSED
A-(Z~
NOTIFY___________________
_____POST TILL_________________
PRIVILEGE OF THE
FLOOR
DEFER
C
‘~
~
I
I-
)
‘-5.’
PRIVILEGE
OF THE FLOOR.
DEFER
April24, 2003
April24,
2003
Date
of
Meeting
‘
Date
of
Meeting
Time:
Number:
Time:
Number:
CITY OF ROCHELLE
.
CITY OF ROCHELLE
ROLL, CALL
.
ROLL CALL
City Council Regular
City Council Regular
~City
Council Special
~City
Council Special
Committee of the Whole
Committee of the Whole
ROLL CALL Vote
____
‘ROLL CALL Vote
VIA VOICE Vote
VIA VOICE Vote
_________
/
RESENT
ASENT
,~.
V
L....J
‘
~r~_N
NAME
.
.~...,..,
, —
BUBIK
BUBIK
COLWILL
P
,
COLWILL
HANN
“I
HANN
KISSICK
KISSICK
GINGERICH
1
GINGERICH
MOTION:
MOTION:
I
move
the Council concur thatthe applicant
has
.
I movethe Council not
attach
special conditions to
demonstrated compliance
with
Criterion #9: IF THE
Criterion #9.
FACILITY WILL BE LOCA TED
WJTHINA
REGULATED RECHARGEAREA,
ANY
APPLICABLEREQUIREMENTS SPECIFIED BY
THE BOARDFOR SUCHAREASHA VEBEEN
MET.
I’,
Motion
made
by:
~
k~ti&’
Motion
made
by:_______________
Seconded
dD)r:
S~ttv-~/V\.
Seconded
by:________________
~
-3
PASSED
-
—
NOTIFY__________________
NOTIFY__________________
—
POST TILL_________________
POST TILL_________________
PRIVILEGE
OF
THE
FLOOR
PRIVILEGE
OF
THE
FLOOR
DEFER
DEFER
April24,
2003
April24, 2003
Date
of
Meeting
Time:________
Number:
CITY OF ROCHELLE
ROLL CALL
City Council Regular
XCity Council Special
Committee
of
the
Whole
ROLL
CALL
Vote
____
VIA
VOICE
Vote
—
RESENT
SEEN?
NAME
V
.
N
S.
BUBIK
COLWILL
HANN
KISSICK
GINGERICH
MOTION:
Imovethat the
City
Coundiattach a special
conditionto the unnumbered criterion asfoundon
page 52 ofthe Hearing Officersfindings offacts~.
Date
of
Meeting
-
Time:________
Number:
CITY OF ROCHELLE
ROLL CALL
City Council Regular
Xity Council Special
Committee of the Whole
ROLL
CALL
Vote
____
VIA VOICE Vote
—
RESENT
SEEN?
MARE
S.
BUBIK
COLWILL
HANN
•KISSICK
GINGERICH
MOTION:
I movethat the
City
Council attach
GeneralSpecial
Conditions #1-9 asfoundon pages 53 & 54 ofthe
Hearing Officersfindings offact~
~J0A4~~1?1
Motion
made
by:_______________
Seconded
by:_________________
PASSED
-
NOTIFY___________________
_____POST TILL_________________
—
PRIVILEGE
OF
THE
FLOOR
DEFER____________________
Motion
made
by:________________
Seconded
by:
-
PASSED
-
NOTIFY___________________
_____POST TILL_________________
PRIVILEGE
OF
THE
FLOOR
N
S~
ASTMN
DE
FER
April24,
2003
Date
of
Meeting
Time
:
Number:
CITY OF ROCHELLE
ROLL CALL
_~City Council Regular
‘City
Council
Special
Committee of the Whole
ROLL CALL ‘Vote
____
VIA VOICE Vote
—
‘RZSEHT
ASENT
MANE
V
I
S.
ISTAIN
BUBIK
COLWILL
ANN
KISSICK
GINGERICH
MOTION:
I movethe Council adjourn.
MOTION:
Motion
made
by:_______________
~econded
by:_________________
PASSED
-
NOTIFY____________________
_____POST TILL_________________
—
PRIVILEGE
OF
THE
FLOOR
Motion
made
by:_______________
Seconded
by:_________________
PASSED
-
NOTIFY_________________
_____POST TILL_________________
—
PRIVILEGE
OF
THE
FLOOR
April
24, 2003
Date
of
Meeting
Time:
‘
Number:
CITY
OF
ROCHELLE
ROLL’
CALL
ity
Council
Regular
City
Council
Special
Committee of the Whole
ROLL CALL Vote
____
VIA VOICE Vote
—
5RESENT
SEEN?
NAME
S.
‘.
N
S.
ISTAIN
BtJBIK
COLWILL
H~N
KISSICK
GINGERICH
DEFER
DEFER
ROCHELLE
CITY COUNCIL
COp
REGULAR COUNCILMEETING
MONDAY,
APRIL28,2003
The Rochelle City Council met in Regular Session at 7:00
p.m.
on
April
28, 2003 in the Council
Chambers ofCity
Hall,
420 N.
6th
Street, Rochelle, IL 61068.
Present on
Roll
Call
were
Councilmen
Bubik,
CoIwill,
Hann,
Kissick,
and
Mayor Gingerich.
Absent:
None.
Also
presentwere City Manager Salitros, City Attorney
Hewitt, and
City
Clerk McKinney.
APPROVAL OFMII”TUTES:
Councilman ,Kissick made a motion and seconded by Councilman Colwill, “I move the
minutes
of the Regular Council meeting of April
14,
2003
and
the Special
Council
meeting of
April
24,
2003be
approved as submitted.” Motion passed by voice vote without
dissent.
Councilman Hann
made a motion and seconded by
Councilman Bubik,
“1 move
the
Council accept and
place on
file
the report of the UtilityAdvisory Board meeting of April 14,
2003
and the Planning Commission Meeting of
April
21, 2003.”
Motion passed by voice vote without dissent.
BiLLS
& PA
YROLL:
A motion
was made by
Councilman
Colwill
and
seconded by’ Councilman Bubik,
“1
move the
bills and
payrolls for the second half of April. 2003
be allowed and paid when checked
over and found
correct,”
Roll
call
vote was
taken.
Ayes:
Councilmen Bubik,
Coiwill,
Hann,
Kissick,
and
Mayor
Gingerich.
Nays:
None.
Motion passed
5-0.
REPORTh’ & COMMUNICATION&
Mayor:
Mayor Gingerichwelcomedthe RochelleTownshipHigh School students that were in attendance. Mayor
Gingerich read a Proclamation, proclaiming
April 27-
May3 as Municipal Clerks Week.
Councilmen:
None
PUBLICCOMMENTARY:
None.
BUSINESSITEMS
1.
2003-04 budget-Public Hearing-Adoption.
A public
hearing
was held.
The Preliminary 2003-04 Budget has been
available for public inspection since April 14~ Councilman CoIwill moved
and seconded by
Councilman Kissick,
“I
move the
2003-04 Budget,
#03-3152,
be
approved.”
Roll
call vote was taken.
Ayes:
Councilmen Bubik,
CoIwill,
Hann,
Kissick, and Mayor Gingerich. Nays:. None. Motionpassed
5-0.
2.
Salary Resolution-2003/04.
Management recommends generally adjusting the maximum wage/salary rates by
approximately 3.
Entrance level salaries or hourly rates
are
determined based upon the employee’s
qualifications
for a specific position, butin no event, greater thatthemaximum rate established for the position. Councilman
Hann
moved
and seconded by Councilman Bubik,
“I move Resolution
#R03-07,
Salary
Resolution, be approved.’t Roll
call
vote
was
taken.
Ayes:
Councilmen
Bubik,
Coiwill,
Hann,
Kissick,
and
Mayor
Cingerich.
Nays:
None,
Motion passed
5-0.
3.
Ordinance #03-3 147:Ratil’y
and
Readopt
Annexation
of
Certain
Territory.
Legal
Council
for the
petitioners
has
pointed
out
the
state law provides for annexation petitions being officially filed with the
City Clerk.
The
original
petition forannexation
is presently duly filed
with
the City Clerk.
Councthnan
Hãnn
moved and seconded by Mayor
Gingerich, “1 move Ordinance #03-3147, An Ordinance annexing Certain Territory to the City of Rochelle
as
petitioned
by
Richard
and
Doris
Kennay
and
CenterPoint,
be’ ratified
and
readopted.”
Roll
call
vote
was
taken.
Ayes:
Councilmen Bubik, Colwill,
Hann,
Kissick, and
Mayor Gingerich. Nays: None, Motionpassed
5-0.
EXE~IBITC
4.
Ordinance
#03-3 148:Ratifv
and
Readopt
Amendment
to
Zoning
Map
(I-i).
Councilman
Coiwill
moved
and
seconded
by
Councilman
Bubik,
“I
move Ordinance #03-3148,
An
Ordinance amending the Zoning Map
for
the City of Rochelle
Rezoning Certain
Property from
Agricultural and
Industrial
(Ogle
County)
to I-i, be
ratified and re-approved.” Roll call vote was taken.
Ayes:
Councilmen Bubik,
Colwill,
Hann,
Kissick, and Mayor
Gingerich.
Nays: None. Motion passed
5-0.
5.
Ordinance-Amending City Code Section
17.36-Minimum
Setbacks. Amending Section 17.36.010 establishes a 100.
feet building line setback in I-i
and
1-2 zoning districts along Hwy. 38 from
1
5k”
Street to
the West
City limits.
Councilman
Hann
moved
and seconded by
Councilman Kissick,
“I
move Ordinance
#03-3153,
An
Ordinance
providing for
minimum building setbacks
along West
IL
Route 38,
be
approved.”
Roll call
vote was
taken.
Ayes:
Councilmen Bubik,
CoIwill, Hann, Kissick, and Mayor Gingerich.
Nays:
None.
Motion passed 5-0.
6,
Ordinance-Comprehensive
Plan/Update.
The
Planning Commission recommended (5-0) that
the
City Council adopt
the
2003
Comprehensive
Plan Update.
Councilman Coiwill
moved
and
seconded by
Councilman Hann, “I
move
Ordinance #03-3154,An
Ordinance adopting the Comprehensive Plan, be approved.”
Roll call vote was taken.
Ayes: Councilmen Bubik, Coiwill,
Hann, Kissick, and Mayor
Gingerich.
Nays:
None.
Motion passed
5-0.
Councilman
Colwill
moved
and
seconded by Mayor Gingerich, “I move the Council direct
the
Plannini
Commission
to
consider recommendations/changes to the Zoning Ordinance,~SubdivisionRegulations, Sign
controls or other Development Standards,” Roll call vote was
taken.
Ayes:
Councilmen Bubik, Coiwill, Bairn,
Kissick,
and
Mayor Gingerich.
Nays:
None.
Motion passed
5-0.
Planning Commission Chairman Ed Roberts was
present.
7.
Resolution-Amending
Advanced Communication Services
Pricing.
Ken Alberts, Director ofUtilities, was present to
answer
questions.
Councilman Bubik moved
and
seconded by
Councilmai~i
Kissick, “I move Resolution
#R03-08,
A Resolution establishing
advanced communication
services
pricing, be approved.”
Roll
call vote was taken.
Ayes:
Councilmen Bubik, Colwill, Hann, Kissick, and Mayor Gingerich.
Nays:
None.
Motion passed 5-0.
8.
Resolution-MFT Appropriation-Chip &
Seal Project.
Keith Scott was present to answer questions.
Funding for the
project
is
through
the Motor Fuel
Tax
(MFT)
Fund.
This year’s project is intended to cover approximately 52,000
sq. yards of
street
area in various parts of the City.
Councilman Kissick moved
and
seconded’ by
Councilman Bubik,
“I move
Resolution #R03-9,~AResolution
for
Maintenance of Streets
and
Highways
by Municipality under
the Illinois
highway Code for the sum of $40,000
of Motor Fuel
Tax
Funds,
be
approved.”
Roll call vote was
taken.
Ayes: Councilmen Bubik, Colwill,
Hann,
Kissick, and MayorGingerich.
Nays:
None. Motion passed
5-0.
9.
Landfill Application
Conditions.
Attorney
Chuck Helsten was present
to
explain the
reconsideration
of Landfill
Application Conditions.
City Staff
and
its legal representative believe
it prudent
for
Council
to
consider
the.
conditions
recommended in
its report
of April
11, 2003
and the recommendations
in the
Hearing
Officers
report.
Attorney
Helsten advised the Council to reconsider Criterion
#9
concerning
the landfill being in a
Recharge
Area.
The
Council
had
voted that
the
Applicant
did
not
demonstrate
compliance
with
Criterion
#9.
Attorney Helsten
stated that only the JEPA could determine if the
Applicant
did
or
did not meet the Criterion..Attorney Heisten stated
that
there was
not a written
notice concerning the
Council reconsidering and suggest
asking the Applicant and the
Concern Citizens ofOgle County for a waiver in the notice.
Mayor Gingerich wishes to leave things as they are and
not reopen the hearing.
He also stated that according
to Roberts Rule ofOrder reconsideration of a motion can only
be done at the same meeting.
Councilman Kissick moved and seconded by Councilman Coiwill,
“I move to reopen
the Landfill hearing to
reconsider Criterion #9 and
the. Special Conditions as’set forth, by the Hearing Officer
and to take action
this meeting without
notice.”
Roll call
vote was taken.
Ayes:
Councilmen Bubik,
coiwill,
Hann,
and Kissick.
Nays:
Mayor Gingerich.
Motion passed4-1.
Tom
Hubert, Applicant,
stated that he
is not prepared for waiving
their rights
to
a written notice and wants
to reserve
their
right
to
object.
Councilman Kissick
moved and seconded by Councilman Colwill,
“I
move for reconsideration of
the
Council’s vote in
determination on.Criterion #9.” Roll call
vote was
taken.
Ayes:
Councilmen Bubik,Colwill,
Bairn,
and
Kissick.
Nays:
Mayor
Gingerich. Motion
passed 4-1.
Councilman Kissick
moved
and
seconded
by
Councilman
Bubik,
“I
move
that
the
Applicant
has
demonstrated
compliance with
Criterion
#9.”
Roll call
vote was
taken.
Ayes:
Councilmen
Bubik,
Colwill,
Hann,
and Kissick
Nays: None.
Present: Mayor
Gingerich.
Motion passed 4-0 with one voting present.
Attorney
Heisten stated that the
Hearing
Officer had ac~deda Condition that the Applicant shall allow
and
reimburse the
City
or its
designee
for the cost of additional
inspecti4ns
and related
activities
intended to encourage compliance
with
regulatory
requirements
and the
Special Conditions
upon which siting
is
conditioned.
Attorney Helsten suggested
the
reimbursement should not exceed the sum of the City’s~Cost.
Councilman Kissick moved and seconded by
Councilman
Colwill,
“I move that not withstanding
the fact the City
Council reiterates it’s
denial
ofthe
siting application, and
not
withstanding it’s vote to
deny
it’s
siting’s application vote of April 24 and April 28,
in the event a reviewing
tribunal
would
reverse
the
City
Council’s
denial
and impose a
final non-appealable
siting approval,
the
City
Council
feels the 50 Special ‘Conditions stated in Hearing Officers Findings ofFact-Conclusions of Law should
be’
imposed
as
conditions
upon
Siting
Approval
that
deemed
finding of this
Council
that
the
Special
Conditions
would
be reasonable
and
necessary
to
accomplish’
the purposes
of
Section
39.2
of the
Act.
In
no
way
is
the
consideration of Special
Conditions be
construed a~
conditional
Siting
Approval
by this
board
and this
board
continues to deny this
application.”
Roll call vote w~s
taken.
Ayes:
Councilmen Bubik, Colwill,
Hann, and
Kissick.
Nays: None.
Present: Mayor Gingerich.
Motion passed 4-0 with one voting present.
Councilman
Colwill
moved and
seconded by
Councilnian Kissick,
“I move the Council
is
reiterating its intention to
deny
the
Landfill
Siting Application.”
Roll
call vot~
was
taken.
Ayes:
Councilmen
Bubik,
Colwill,
and
Kissick.
Nays: None.
Present:
Councilman Harm and Mayor Gii~gerich.Motion passed 3-0 with
two
voting present.
10.
City Manager Report.
Knights
ofColumbus The Rochelle
Knights
of Col~zmbus
Council has submitted the annual request to conducttheir
Tootsie Roll sale-fund raiser on
September
19 and 2,O~.The fundraiser proceeds will be used ‘for
the
benefit of
mentally retarded citizens ofIllinois
and
particularl~
in support ofthe Village ofProgress in Oregon.
Management
is
prepared to approve the request, unless Council has
any
objections.
Council had no
objection.
Mosquito Abatement Program
—
2003
The Departni~ent
ofPublic Works has issued its 2003
Mosquito Abatement
Program,
a copy ofwhich is attached forreference.
~I’here
are
three phases to the program:
I.
Public Information
—
consists ofafticles to the print media regarding the program
and
mosquito
prevention; brochures
availability on mosquito prevention/tips; and PSA’s on the local radio.
II.
‘
Pre-Season Larvicide Treatment consists of aerial treatment ofthe Wastewater Plant lagoons, catch
basins,
ditches,
detention areas anc~
flood areas through Mid-May.
III.
Summer
through
early October
—
c~nsistsofup to six adult mosquito treatments, as needed, second
and
third larvicide treatments, the timing ofwhich will be premised on activity monitoring,
and
a
second aerial treatment ofthe Was~ewater
lagoons.
Spring Clean-Lip Week
May 12-1 6lhhas been sche~lWed
for the City’s
annual non-hazardous clean-up week.
This
is the fifth year that the Public Works Department has participatedin the program, which is sponsored by Ogle
County Solid Waste Management Department.
The City’s net cost for this project is about $1300
2000
per year. A
grant
application for $1000
has
been submitted to of~’set
our
local costs.
~‘
Downtown Brick Replacement The next phases of
t~ie
brick replacement in the downtown
are
being scheduled so as
to be completed before the Lincoln HighwayHeritage festival.
Like the initial phase, replacementwill consist ofthe
brick colored,patterned asphalt.
The Public Works Departmentwill remove the existing brick and Rockford
Blacktop will do
the
replacement installation.
Costs~for
this project were budgeted over three years; the project upon
completion should come in under the original budget of$45,000.
Intermodal Project Status
The Federal EconomicD~evelopment
Administrationhas authorized, the City to seek bids
on the streetlights, bridge and water and sewer elem~nts
of the Intermodal project.
Recall that the
EDA
grant
funding
is
over $2.2 million.
The utility easements
and
additional right-of-way aiong IL
Rt. 251,
Intermodal Drive
and
Jack Dame Road (water
easement) have been secured and acknowledged by IDOT.
Final acquisition ofright-of-way will be madeonce
IDOT gives us theirgreen light.
To obtain the $750,000 sewer block
grant
for the Intermodal project, which included a new lift station replacing the
one at Southview, the City was required by
the State to use the balance ofour Revolving Economic Development
Fund toward the easements and right-of-way.
The Revolving Fund was
originally
established through
an economic
development
grant.
Annual Sidewalk
Repair
Program
The
majority
of funds for
this
year’s sidewalk~rogramwill be consolidated with
the largerproject in Tilton Park.
Other areas scheduled for
the
program will be
12
Street from l~’
Avenue to
Lakeview Dr., andLakeview Dr. from the Kyte River bridge to its west end.
Handicapramps will
be
repaired/replaced as necessary in the 0‘Neil Subdivision area north ofIL
Rt.
38.
)‘
OpenHouse for Outgoing Members
An OpenHouse is planned for Tuesday, April
29th
from 2:00-4:00 p.m. in the
Council Chambers for
our
threeoutgoing members
—
Mayor Gingerich, and Councilmen Bubik and Harm.
Mayor
Gingerich expressed
gratitude
to the
City Employees.
He
stated
that he
feels
that
the
City
is
‘in
good
shape.
MayorGingerich has served fouryears as Commissioner and eight years as Mayor.
Councilman Coiwill thanked Mayor Gingerich and
Councilmen Bairn and Bubik on
a job well done.
Councilman Bubik stated that it has been an honorto serve as Councilman.
CouncilmanBubik has served two years.
Councilman
Hann
has served eight years on
the Council
and was a member ofthe Utility Advisory
Board.
He thanked
all
and stated that itwas a pleasure to serve the City.
EXECUTIVE SESSION:
Mayor Gingerich moved and seconded by Councilman Bubik,
“1 move the Council
recess into
Executive
Session
to
discuss
Collective
Bargaining
and
minutes
of meetings
lawfully
closed
under
this
act.
-
Section 2 (c) (2
&
21).”
Roll
call
vote
was
taken.
Ayes:’
Councilmen Bubik,
CoIwill,
Hann,
Kissick,
and
Mayor
Gingerich.
Nays:
None.
Motion passed 5-0.
Council recessed at 8:29 p.m.
‘At
8:35
p.m.,
Mayor
Gingerich
moved
and
seconded
by
Councilman
Bairn,
“I
move the
Council
return
to
Open
Session.”
Motion passedby voice vote without dissent.’
Councilman
Colwill
moved and seconded
by
Councilman Bubik,
“I move the
Council releases
the
following Closed
Session
Minutes:
9/22/97;
1/14/02;
2/11/02;
3/11/02;
3/25/02;
4/8/02;
4/22/02;
5/28/02;
6124102;
9/9/02;
9/23/02;
10/15/02;
11/25/02;
12/9/02;
12/23/02; and 1/27/03.
The following minutes
will remain closed: 3/10/03, 3/24/03 and
3/14/03.
Roll call vote was taken.
Ayes:
Councilmen Bubik,
Coiwill,
Hann,
and Kissick.
Nays:
None.
Present: Mayor
Gingerich.
Motion passed 4-0 with one voting present.
ADJOURNMENT:
With
no further business, Councilman
Hann
moved and seconded by
Councilman Colwiil
seconded,
“I
move the Council adjourn.”
Motion passed by voice ,vote without dissent.
Meeting adjourned at 8:38 p.m.
Bruce W. McKinney, CMC
Robert Gingerich
City Clerk, City ofRochelle
Mayor, City ofRochelle
ATTORNEY’S CERTIFICATE OF SERVICE
The undersigned, being first duly sworn on oath, depose and say that I am an
attorney and served the foregoing instrument upon the within named:
Rochelle City Council
Office ofthe City Clerk
do
Bruce McKinney, City Clerk
Rochelle City Hall
Sixth Street & Fifth Avenue
Rochelle, IL 61068-0601
Dennis Hewitt, Esq.
Rochelle City Attorney
Hewitt Law Offices
1124 Lincoln Highway
P.O.
Box
605
Rochelle, IL
61068
Charles Heisten, Esq.
Hinshaw & Culbertson
100
Park Avenue
Rockford, IL 61101
by sealing a true and correct copy ofthe same in an envelope, addressed
as shown above,
with sufficient United States postage and by depositing said envelope, so sealed and
stamped, in the United States Mail at Rockford, Illinois, at or about the hour of~5~
o’clock p.m., on the~Q~’day
ofMay, 2003.
Michael F.
O’Brien
Michael F. O’Brien
McGreevy, Johnson &
Williams, P.C.
6735 Vistagreen Way
P.O. Box 2903
Rockford, IL 61132
815/639-3700
815/639-9400
(Fax)
00327444.DOC
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