BEFORE THE ILLINOIS

POLLUTION

CONTROL BOARD

PAfjy

2

.9

2003

STA7-E OP ILLINOIS

SOLID WASTE AGENCY OF NORTHERN

)

~°“~~iOn

Coritr0j

8Oard

COOK COUNTY,

)

)

Petitioner,

)

)

vs.

)

No.

PCB 03-161

)

CITY OF DES PLAINES,

ILLINOIS and,

)

(Pollution Control

Facility

DISPOSAL MANAGEMENT SYSTEMS,

INC.

)

Siting Facility)

)

Respondent.

NOTICE OF FILING

TO:

See Attached Proof ofService

PLEASE TAKE NOTICE that on May 29, 2003,

we filed with the

Illinois Pollution

Control Board, nine copies

and an original ofthe attached Solid

Waste Agency ofNorthern Cook

County’s RESPONSE TO CITY’S MOTION IN OPPOSITION

TO

SWANCC’S MOTION

FOR RECONSIDERATION in the above entitled matter.

SOLID WASTE AGENCY OF NORTHERN

COOK

COUNTY

By:_______

Onç ofIts Attorneys

Patricia F.

Sharkey

Mayer, Brown, Rowe &

Maw

190 South

LaSal1e Street

Chicago, IL

60603

312-782-0600

Attorney Registration No. 6181113

Ti-us DOCUMENT Is FILED ON RECYCLED PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARIIIECEEVED

CLERK’S

flcrrcmr

M11Th

2

9

2003

SOLID WASTE

AGENCY OF NORTHERN

)

STATE

OF

COOK COUNTY,

)

Pollution

Con tro/ Board

)

Petitioner,

)

)

vs.

)

No. PCB 03-161

)

CITY OF DES

PLAINES, ILLINOIS and

)

DISPOSAL MANAGEMENT SYSTEMS,

INC

)

(Pollution Control Facility

)

Siting Facility)

Respondents.

)

RESPONSE TO CITY’S MOTION IN OPPOSITION

TO SWANCC’S MOTION FOR RECONSIDERATION

Petitioner Solid Waste Agency ofNorthern Cook

County (“SWANCC”) by Mayer,

Brown, Rowe & Maw,

its attorneys, hereby responds to the City of Des Plaines’ Motion in

Opposition to

SWANCC’s Motion for Reconsideration of the Board’s April

17, 2003

order

dismissing this action,

stating as follows:

1.

The City of Des Paines’

contention that Disposal

Management

System’s

(“DMS”) siting application

issued by default is both refuted by the record created by the City and

DMS and at oddswith representations made to City Officials, SWANCC

and the Des Plaines

City Council

itself in January, February

and March 2003.

2.

The following documents, all

of which are public documents which SWANCC

obtained

from the City ofDes Plaines pursuant to formal Freedom of Information Act requests

before it filed its petition in this

case (Exhibits

I

and

2 hereto), demonstrate that DMS waived the

statutory review deadline by continuing to actively participate in the siting review process.’ They

further demonstrate that, on the basis of DMS’s ongoing assurances that he would not

enforce

Please note

that

emphasis has been

added

to

excerpts

below from the

attached

exhibits.

THIS

DOCUMENT IS FILED ON

RECYCLED

PAPER

---

the statutory deadline, the City continued to review the DMS application and to

make

representations to

SWANCC, the public and its

own

City Council as to the on-going nature of

the siting process.

A.

January

20, 2003

e-mail correspondence from

Ruth Broder, City of Des Plaines

Community Development Coordinator, to William

Schneider, Acting City Manager (Exhibit

3 hereto):

“I met Friday with Chris Wolski Keep

Des Plaines Beautiful

Coordinator

and she gave me a draft copy ofher comments on the

DMS

request for siting approval and

SWANCC’s

comments...

Essentially, we both agree that the DMS request

is

probably

OK, but that they need to

supply us with a copy of their

original EPA permit and some additional

information, as

mentioned

in SWANCC’s comments.

Christine is preparing a

letter to DMS

outlining what is needed. DMS has already said they

will send the permit copy and has been sent

a copy of SWANCC’s

comments...

The best course ofaction wouldprobably be for DMS

to

request to amend their application and resubmit

it

with the

additional information.

This would give them (and us)

90

additional days beyond the February 10 deadline to submit the

information andfor us to review it.

I doubt it would take nearly

that long either.. .To summarize: though it is very likely

that we

will end up

recommending in favor of DM5, they should supply

this

additional

information so that we can have it on record

and

provide an

answer to

SWANCC’s objections

B.

January 22,

2003

letter from Joe Anderson, DMS, to Ruth Broder Re: Request to

Establish a Transfer Station at

103

Sell

Rd. Des Plaines, IL

(Exhibit

4 hereto):

“In

response to

your letter of Jan.

16, 2003, may I first mention

that we at DM5 have not tried to

shortchange the permitting

process for a transfer station.

...

We would

like to respond to the

items brought up by SWANC

sici.

Enclosed you will find a

response to

each ofthe items

in their letter ofDec.31, 2002.

.

.

As

requested our STATE EPA #

is 0310635488—

Cook County...”

C.

January 22, 2003

e-mail correspondence from

Christine

Woiski

to Ruth Broder

(Exhibit

5

(bottom) hereto):

“Please review second draft. I made the changes you had

suggested.

Thanks. If it’s fine,

I will email it to Bill and

ask him to

2

TI-uS DOCUMENT IS FILED ON RECYCLED PAPER

---

sign it and mail it (since I won’t have his signed

copy.)

By the

way,

should we spec~fr

a date to receive

this information (i.e. calculate

90 daysfrom the 80~ day we havefor replying back to

him or 90

daysfrom the Feb

3 Council agenda)?

Do you want to be the

contact person since already have been so far?...

I will email you

the council agenda letter tomorrow.

Basically it is recommending

the council to postpone a decision on this

until furlher information

is provided...

D.

January

23,

2003 e-mail correspondence from Ruth Broder to Christine Woiski

Re: DM5

Letter (F4xhibit

5

(top) hc~IQ):

“Chris this looks

very good.

I would just suggest that we hold off

on sending

it because Joe Anderson is planning on coming by

today to

drop off the copy ofthe permit. He is also

bringing other

information that he compiled based

on SWANCC’s comments.

We

should look this over and delete from the letter anything that he

will have already given us.

He is OK with delaying the vote and

willing to amend the application,

but he does want to get this

resolved as soon aspossible.

He is very willing to try and supply

us with whatever information we askfor and will try to do so

within

a couple ofweeks,

max. therefore, I think it would be a good

idea to put an end date in

the letter,

(90 daysfrom February 10

would be May11),

but we should shootfor thefirst council

meeting in Marchfor a vote...”

E.

January

24,

2003

Internal Memorandum from Tim Oakley, City Engineer, to

Ruth

Broder, Community Development Coordinator, Re:

DMS

Waste Transfer Station Application (Exhibit

6

hereto):

“I have reviewed the DMS application and

the comments offered

by

SWANCC and KDPB.

I agree that the application is seriously

lacking pertinent information to qualify DMS as a waste

transfer

station...”

F.

January

30,

2003 e-mail correspondence

from William Scfmeider to Christine

Wolski

(Exhibit 7

(bottom) hereto):

“Joe

Anderson called me about this.. .Can you two please

coordinate a conference call with

him for next steps... .Why would

he have to amend his

application? I thought he just responded to

the SWANCC letter and now it is up to

the City Council?... Please

advise which council meeting it will

be on...”

3

THIs

DOCUMENT IS FILED ON

RECYCLED PAPER

---

0.

January 30,

2003 e-mail correspondence from Christine Wolski to William

Schneider (~jbii_7JtQpfl2er~to):

“Bill,

Ruth has been the contact person for DM5.

I passed my

comments to her

after

I reviewed both the DMS application and

SWANCC’s comments. Afterwards,

I believe she has met with

them

and spoken to them by phone.

The only mod?fi cation they

needed to their application was additional informationfor the

cirterias sic

to which they agreed... This was supposed to be on

the Feb 3 council agenda but when I had asked Ruth i/this was

necessary since DM8 agreed to provide the additional information

right

away,

she statedthat we

should not have

to. IfDMS could not

provide the information in a timely manner,

the council would be

asked to postpone

a decision until the information wasprovided.

however,

since DM8provided the information quickly,

Ruth said

she would go over

it with my comments and see (what

we

needed

was provided

We agreed that staffrecommendation would be

presented to council the

2nd

meeting

in Dec sic..

.1 will speak to

Ruth

in regards to the additional

information DM5 provided. (I

have not seen what they had

given her.)

We know what the

decision will be

but we

need that extra information on file,

especially when we reply to SWANCC.

We

‘11 talk w/DMS.”

H.

January 30,

2003 e-mail correspondence from

Brooke Beal, Executive Director of

SWANCC, to William Schneider (Exhibit 8

(bottom) hereto):

“When will the City Council

formally consider the DM5 transfer

station application for siting approval.9

January

30, 2003

e-mail correspondence

from William

Schneider to Brooke Beal

(Exhibit 8 (top) hereto):

“I

think we are shooting for the March

3rd meeting

—

you can call

our City Clerk’s Office at 847-391-5310 for follow up”

J.

February 4, 2003

e-mail correspondence from

Christine

Wolski to Ruth Broder

(Exhibit 9 (bottom) hereto):

Even though DM8 gave us information

on emergencies,

it does

not seem to satisfiy emergency response to accidental spills or

4

TI-US

DOCUMENT IS FILED ON RECYCLED

PAPER

---

sudden asbestos loads.

(I agreed with you on this before.) Perhaps

Mr. Anderson can supply the City with a plan...

would

recommend an approvalfor

a conditional/restricted permit (not

allowing any other material besides what is stated in

the

application

—

once theyprovide

an emergency response plan... The

deadlinefor the February

18Ih

Council

is this Friday

—

202/02.

Perhaps we can got on this agenda

rather than March 3?

That way

DM8 does not have to

wait anotherfew weeks...”

K.

February 4, 2003 e-mail correspondence from

Ruth Broder to Christine Wolski

(Exhibit

9 (top) hereto):

“I

basically agree with you on

the application.

Would you mind

writing DM8 a letter to request that theysupply an emergency

response plan?

This seems

to be everyone

‘5

primary concern....As

to

the schedule, I had thought

it

was on

the agenda for February

18...”

L.

February 4, 2003 e-mail correspondence from

Christine

Wolski to

Ruth Broder

(Exhibit

10 (bottom) hereto):

“I

spoke with

Donna

Czech from IEPA in regards to

DMS..

.

Since

I initially called to see (I

can get a

copy oftheirperm it and

possibly emergencyplan,

but then found there is no permit, I

inquired if the IEPA questioned an

emergency response

plan...

Since Criteria 7 states,

‘

if the facility will be treating, storing or

disposing ofhazardous waste...” and

DMS state that they

are not,

I

still think we should at least get

a little emergency response plan. I

have afeeling SWANCC will

be on this. I know you wanted me to

write them but do you think Ishould call them instead?

It

may be

faster service.”

M.

February

6, 2003

e-mail correspondence from Ruth

Broder to Christine Woiski

(Exhibit

10 (top) hereto):

.1 think a phone call would be tine,

especially since Donna

McAllister has informed me that the case IS on the February

agenda...

Joe Anderson/DMSphone

#

is (847) 390-0300. another

number is (847) 375-9626. Doyou mind doing the memo? If

it

is

going to be any problem,

let me know

and Ill ask Donna to

reschedule

to the March

3.

5

THIS

DOCUMENT IS FILED ON RECYCLED

PAPER

---

N.

February

6, 2003

e-mail correspondence from William Schneider

to Ruth Broder (Exhibit

11

(top) hereto):

“OK

—

I also spoke to the County environmental department on

other issues and they said that they would send a letter in support

ofthe permit to

offset SWANCC opposition...”

0.

February 6, 2003

e-mail correspondence from Ruth Broder to Brooke Beal and

William Schneider (Exhibit

11

(bottom) hereto):

“Actually Donna has told me that it is Feb.

18,

but we may need o

reschedule to March 3,

(f

we don

‘t

have time to prepare a memo to

Council.

We are still waiting on apiece ofinformationfrom

DM8.”

P.

February

6, 2003

memorandum from Christine

Wolski to Donna McAllister, City

Clerk, and William Schneider, Acting City Manager,

Re: Item for February

18, 2003 City

Council Committee Agenda, Disposal Management Systems

Application (Exhibit

12 hereto):

The

Community Development Department and KDPB

recommends the Council

to approve

the construction and

demolition

transfer station applicationfor Disposal Management

Services...”

Q.

February

12, 2003

letter from Joe Anderson, DMS, to Ruth

Broder (Exhibit

13

hereto):

We would like to

respondto your concerns ofasbestos entering

our facility and ofoil leaksfrom

the equipment...”

R.

February

18, 2003

email correspondence from Christine Wolski to Ruth Broder

(Exhibit

14 (bottom) hereto):

“Canyou

call M Anderson to

confirm his presence at

the council

meeting (or his representative)? Did he

mail you an emergency

respose sic

plan? i’ll be in

City Hall this afternoon—can Iget a

copy of

it?...”

6

Tins

DOCUMENT IS FILED ON RECYCLED PAPER

---

S.

February

18, 2003

e-mail correspondence from Ruth Broder to Christine Wolski

(Exhibit

14 (top) hereto):

“1will call him

today.

He did not really send an emergency

response plan, per se, but did send a briefletter,

dated February

12,

outline the steps that would be taken incase of an emergency.

You are welcome to have a copy ofit...”

T.

February

18, 2003

e-mail correspondence from Brooke Beal to

William

Schneider (Exhibit

1

5

hereto):

“I saw that the DM8 transfer station

is on

tonight’s meeting

agenda.

Is there any information that was sent to the City Council

that

is public information? Ifthere

is,

can Iget a copyprior to the

meeting...”

U.

The February

18,

2003 action ofthe City of Des Plaines

Public Works Committee

(Exhibit

16

( at

p.

7) here~)

,

in which, according to the City Council minutes:

“Alderman

Brookman reviewed the request from Disposal

Management Systems,

101-103 Sell

Road,

for a transfer station

permit for the Illinois Environmental Protection Agency (IEPA),

which requires approval ofthe municipality in which they are

located before seeking approval from the IEPA.

.

.

.Moved by

Beauvais, seconded by Becker, to concur with the 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.”

V.

The February

18, 2002

action of the City ofDes Plaines City Council (Exhibit 16

uiast page)),

in which, according to the City Council

minutes:

“Transfer Station Permit/I 01-103 Sell:

Moved by Brookman,

seconded by Christiansen,

to concur with the recommendation of

Committee ofthe Whole to

approve the construction and

demolition transfer station application to the Illinois

Environmental Protection Agency for Disposal Management

Services, 101-103 Sell Road.

upon roll

call, the vote was...”

7

THIS DOCUMENT IS FILED ON

RECYCLED PAPER

---

W.

February 20, 2003

e-mail correspondence from Christine

Wolski to Ruth Broder (Exhibit

17 hereto):

“A letter

needs to be sent to DM8 stating that they have the city’s

approval and may go forth to

applyfor an JEPA

transfer station

permit.

Who will be writing this—CD or PW?

It will need to be

signed by Bill.”

X.

March

11, 2003 Freedom of Information Act

Request from

SWANCC attorneys

to City ofDes Plaines (See Exhibit

2

hereto):

“Pursuant to the Illinois Freedom of Information Act (“FOIA”) (5

ILCS

140/I

et seq.), I hereby request a copy of the following

public records:... I. A copy of thefinal

written decision ofthe City

ofDes Flames in the matter ofthe Disposal Management Systems,

Inc.

applicationfor siting a transfer station

at

10 1-103 Sell Road

in

Des Plaines, Illinois...”

Y.

March21, 2003

memorandum from Ruth Broder to Nancy Peterson, Des Plaines

FOIA officer, included in

the City’s response to SWANCC’s FOIA request (Exhibit

18

hereto):

“Attached is the information requested in the above referenced FOl:

.Request

1. A copy

of thefinal written decision ofthe City ofDes Plaines

in the

matter of the Disposal

Management Systems,

Inc application for siting a transfer

station at

101-103 Sell Road in Des

Plairies, Illinois

...

Response

Attached is a

certified copy of the minutes of the

February

18,

2003 meetingofthe Des Flames

city council at which the City Council voted to approve the transfer station

application

(page 7). Also attached is

a copy of the Certification of Siting

Approval (LPC-PA8),

signed by Mayor Anthony W. Arredia

and attested

by

City

Clerk Donna McAllister.

A

letter will be sent to Disposal Management Systems,

Inc.

the weekof March 24,

2003,

along with the CertUl cation,

describing the

conditions ofapproval.

A

Z.

March

26, 2003

letter from William

Schneider, Acting City Manager, to Joe

Anderson,

DMS (Exhibit

19 hereto):

“On February

18,

2003,

the Des Plaines City Council approved local sitingfor a

transfer station at Disposal Management Systems (DMS), Inc.

located at 103 Sell

Road in Des

Flames,

IL.

The facility hasprovided the

City adequate documents

and has satisfied the criteria under the Illinois Environmental ProtectionAct

(‘ACT”)

Title X,

Section 39.2.

Disposal Management Systems, Inc.

mayproceed

8

TnIS

DOCUMENT IS FILED ON RECYCLED PAPER

---

in

applying to

the Illinois Environmental Protection Agency (IEPA) to obtain a

transfer stationpermit.... The

City’s approval is contingent

upon thefollowing

conditions:... The City

is enclosing a signed and notarized IEPA Cert?fication of

Siting Approval (LFC-PA8)

that was supplied with the original DM8

application...”

3.

The e-mail correspondence in this record indicates that DMS

verbally agreed to

waive the deadline

in conversations with City officials.

But even if DMS didn’t explicitly waive

the deadline,

it did so by continuing to

actively participate in

the siting process and leading all of

the parties involved—including

SWANCC

—

that

it had waived

the deadline.

By way of

meetings, phone

calls, and sending the City additional information in an effort to support its

application

right up to

and after the purported February 4, 2003

decision deadline, DM5 waived

its

right to

a decision by default.

City of Rockford v.

County of Winnebago (App.

2 Dist.

1989)

186 Ill.

App.

3d

303,

542 NE2d 423

(Siting applicant waived compliance with the

180-day

statutory deadline for action by the local

siting body when it continued to participate

in

proceedings without notice to

siting body ofits

intent to hold to

the

180-day deadline.); Citizens

Against the Randolph Landfill (CARL) v. Pollution Control Board (App.4 Dist.

1988), 178 Ill.

App.

3d

686,

533 NE2d 401

(By participating in public hearings after the deadline for such

hearings had passed, the siting applicant waived its right to a decision on or before that

date.)

4.

Disingenuously, DMS

and the

City now claim

all

of their various actions leading

up to

and

including its March 26, 2003

approval letter were “mere formalities.” But the record

tells a different story. It is clear that the City officials and employees working in the siting

application process, the Village Manager and

the City Council

itself all

believed

and

were led by

DMS

to believe: that their actions were governed by Section

39.2 of the siting process, that

they

were working with DMS

to get additional

information

to support the City’s action on the

application, that DMS had

agreed to waive the statutory deadline, that the City’s Council

vote

9

THIS DOCUMENT IS

FILED ON RECYCLED

PAPER

---

was a necessary action,

and that the City’s March 26,

2003

written

decision, reflecting the

February

18,

2003

vote and

including multiple conditions on DMS’s operations, was a required

and meaningfiul document.

The City

and DMS cannot re-write history at this point and claim that

the DMS application issued by default and that

all

of the City’s labor and actions on that

application in

the days and

weeks leading up to

and following that date were, as DMS puts it in

their Objection to

the Petition,

a “mere formality.”

5.

Ifthis matter has been plagued by ambiguity as

to when the 35

days for appeal

was triggered,

it is by the actions ofDMS and the City themselves. Third party

siting appellants

shouldn’t have to guess at when an appeal period is triggered.

A siting applicant

and

siting

authority have a duty to the public to

make their actions

clear.

When a siting applicant tells City

officials that it has waived a decision deadline

and

leads a City Council

and the interested public

to believe it has waived the deadline,

and then, when faced

with

an appeal, tries to

hide behind

the statutory deadline, that applicant should not

be rewarded with

a default

approval that cuts-off

the public’s rights.

That the City itself should support this revisionist history, even at the risk of

giving up the conditions they themselves placed on DMS’s operations in their written approval,

also should

not be condoned

by the Board.

6.

Finally, the City’s argument that the April

17, 2003 Board decision in this matter

is

resjudmcata

as to the Board’s jurisdiction in this matter is simply wrong. A motion to

reconsider stays the effect ofthe order for which reconsideration is sought until final disposition

ofthe motion.

35111. Admin Code

101.520(c)

WHEREFORE. SWANCC

respectfully requests that the Board deny the City’s Motion in

Opposition in

this matter and, to the extent not considered moot at this time, also

deny the prior DM5

10

THiS

DOCUMENT IS

FILED ON RECYCLED PAPER

---

and City motions to

dismiss and grant SWANCC’s

Motion for Reconsideration ofthe Board’s ApriL

17,

2003

order.

Dated:

May 29, 2003

Respectfully submitted,

SOLID WASTE AGENCY OF NORTHERN

COOK COUNTY

By:________

One

Ifs Attorneys

Patricia F.

Sharkey

Mayer, Brown, Rowe &

Maw

190

South LaSalle Street

Chicago, IL

60603

312-782-0600

Attorney Registration No.

6181113

FirmNo.:

38918

11

Tuis

DOCUMENT IS

FILED ON RECYCLED

PAPER

---

STATE OF ILLINOIS

)

)

55

COUNTY

OF COOK

)

AFFIDAVIT OF ATTORNEY

The undersigned, Patricia F. Sharkey,

being first

duly

sworn upon

oath

states that

she

is

one of the

attorneys

for

the Petitioner

in

this

action,

Solid

Waste

Agency

of Northern

Cook

County vs. City of Des Plaines,

Illinois

and

Disposal

Management

Systems,

Inc.,

PCB 03-161.

and that

based

upon

her personal knowledge

and

investigation

of the

facts

stated

in

the attached

Response to

City’s

Motion

in

Opposition

to

SWANCC’s

Motion

for

Reconsideration, certifies

her

knowledge and

belief that

the allegations

contained

in

this

Response

to

City’s

Motion

in

Opposition to SWANCC’s Motion for Reconsiderattç

are

true

in

substance and in

fact.

PAT~AR~Y

STATE OF ILLINOIS

)

)

SS.

COUNTY OF COOK

)

Signed and sworn

to by Patricia F. Sharkey, who is personally

known

to me and appeared

before me, a Notary

Public,

in

and

for the County of Cook,

State of Illinois, on

this 29th day of

May, 2003,

in order to affix her signature as her free and

voluntary act.

________

hi

Notary Public

Patricia F.

Sharkey

I

Donna

NI. Draper

.

I

Attorney for Respondents

I

NotalY

?ubhC, state

~~“r2

~

Mayer, Brown, Rowe &

Maw

190 South

LaSalle Street

Chicago, Illinois

60603

312-782-0600

THIS DOCUMENT IS FILED

ON RECYCLED PAPER

---

(Office Use

Only)

02-

RECEIVED by:________

Date:________________ Time:

REQUEST FOR PRODUCTION OF

RECORDS

TO:

Donna McAllister,

City Clerk

Date:

February 20,2003

City of Des Plaines

1420 Miner Street

Des Plaines, IL 60016

I hereby request production ofthe following records:

The entire record forwarded to the Board including, but not limited to:

1)

a Certified copy of the resolution

that approved the DMS transferstation by the City Council on February

18,2003

2) Copies of all

correspondence between the City and Cook County,the

TEPA and any other comments from the public or

government bodies surrounding the OMS transfer station application for local siting approval.

Check which of

ALL

ALL

the following apply:

_____________

I will

inspect these records

at the Office ofthe City Clerk.

______________

I request

copies of the following records and agree to pay $0.05 per page

Therefore. (Ifrequesting copies ofall records listed above,

state “all”.)

_____________

Please

certi& these documents,

I agree to pay $1.00 for each document certified,

which

is in

addition to

the costs per page.

1 warrant and representthat the records requested will not be used for purpose offurthering any

commercial purpose.

NAME:

Elizabeth C. Gresham

ADDRESS:

1616 East Golf Road

CITY:

Des Plaines

TELEPllONE~ (Office)

(Home)

STATE:

IL

ZIP CODE:

60016

REPRESENTING:

Spud Waste Aqency of Northern Cook

County

---

-2-

Elizabeth

C.Gresham

BEING ~

SWORN ON OATH STATE AS

FOLLOWS:

The records requested are

to be used forthe following purposes:

To keep abreast of current transfer station trends in theCook County.

February 20,2003

Dated:

____________________________________

•

_____

/

(

(Sgnature

Subscribed

and

sworn

to

before me

This_____________

Day

of

fiA.fl~

,

20Q2’3

NOTARY PUBLIC

/

~*~r

S

•

•.

S

---

03-165

INTER-OFFICE MEMORANDUM

City Attorney’s Office

To:

Nancy Peterson, Deputy City Clerk

From:

Ray Bartel, Assistant

CityAttorney

Re:

Date:

March 3, 2003

I

have

reviewed

the

FOIA

request

by

Elizabeth

Gresham

on

behalf of

SWANCC

and

the

contents therein.

The information attached may be submitted to Ms.

Gresham.

If

you have any questions, please feel free to contact me at my office.

RPB:dl

dlVoia\apprcve Gresham SWAJ4CC as

is

---

‘1

MAYER, BROWN, ROWE

&MAW

I 90

SOUTh

LA SALLE

STREET

CHICAGO.

ILLINOIS 60603-344

PATRICIA F.

S1-IARXEY

•

•

MAIN

IELtPHONE

COUNSCL

(312)

782-0600

DIREC DIAL. (312)70-7952

MAIN

FAY

D,REcTFX(312)706-QI13

(312)701-7711

psharkey(~mayerbrownrOwe

.com

March

11,2003

VIA UPS OVERNIGHT DELIVERY

Donna McAllister,

City Clerk

City of Des Plaines

1420 Miner Street

Des Plaines, IL

60016

Re:

FOIA Request

Disposal Management Systems. Inc.

Transfer Station Siting

Dear Ms.

McAllister:

Pursuant to the Illinois Freedom ofInformation Act (“FOIA”)

(5

ILCS

140/I

et.

~.),

I

hereby request a copy of the following public

records:

1.

A copy ofthe final written decision ofthe City ofDes Plaines in the

matter of the Disposal

Management Systems,

Inc.

application for siting a transfer

station

at 101-103 Sell

Road in Des Plaines, Illinois.

2.

A copy of all written notices provided by the City ofDes Plaines or by the

siting applicant of the 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.

3.

A copy of all

notifications p~.iblishedin

a newspaper of genera

circulation

providing notice ofthe December 2,

2002 public hearing in the matter ofthe

Disposal Management

Systems, Inc.

application for siting ofa transfer station at

101-103 Sell Road in Des Plaines,

Illinois.

4.

A copy of all

corespondence, documents, photographs, and any other data

or information provided to

the City ofDes Plaines or any ofits

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.

---

MAYER, BROWN, ROWE

&

MAW

Donna McAllister

Page 2

March

11,2003

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.

6.

A copy of any letter or other form ofcorrespondence dated February

12,

2003

from Disposal

Management Systems, Inc. to

Ruth Broder or any other

employee or official of the City of Des Plaines pertaining to emergency response

or fire, hazardous substances or spill prevention and

response at the proposed

transfer station.

In accordance with

Section

8 ofthe FOIA (5 ILCS

140/8), I request that any public

record that

is exempt

from

discosure

under Section

7 of the FOIA

(5

ILCS

140/7) but which

contains material that

is tot exempt be produced with

only the exempt material redacted.

In

addition, please identify each document withheld

and the reason why it was not provided.

I agree to pay

a

fee of$0.05 per page for the copying ofthis information and

an

additiona

fee of$1 .00 for the certification of each document.

I also represent and warrant that

the records requested will not

be used for purpose of furthering any

commercial

purpose.

Please contact me at (312)

701-7952

at your convenience to discuss payment and any

other issues

you deem relevant.

Thank you for your assistance.

5’

cerely,

I, Patricia F. Sharkey,

BEING DULY

SWORN ON

OATH SATE AS

FOLLOWS:

The records requested are to be used for the following purposes:

A review ofthe public

records ofthe siting proceeding.

Patri~ia’1~.harkey

Dated: March

11,2003

Subscribed and sworn to before me

t’—~--~Juvar_

JvL1J1.n.n.na.

this

11th

day ofMarch, 2003.

“OFFICIAL SEAL”

~j

~

Donna M. Draper

•

(j)cfl—.-.

fl’~

k

JA

J

No’aiy

Public. State of

Ofinois

Notary Public

~j~~omniission

Exp.

o~i~s~o~

—

C

S

1172046.1 03100902

---

—.

Christine

Woiski-Disposal

Management Systems

rage

i

From:

Ruth

Broder

To:

William Schneider

Date:

•

1/20/03 8:37AM

Subject:

Disposal

Management Systems

I met Friday with Chris Wolski

and

she gave me a draft copy

of her comments on the DM3 request for

siting approval and

SWANCC’s comments.

Essentially, we

both agree that

the DM8 request is probably

OK, but that

they need to supply us with a

copy of their original EPA

permit and

some additional information, as mentioned in SWANJCC’s comments.

Christine

is preparing

a letter to DM3

outlining what is needed.

DMS

has already said they wiH

send the

permit copy and

has been

sent a copy of SWANCC’s comments.

The best course of action

would probably

be for DM8

to

request

to

amend their application and resubmit it

with the additional

information.

This would

give

them (and

us) 90 additional

days beyond the February

10

deadline to submit the

information and

for

us to review

it.

I

doubt

it

would take nearly

that long either way.

To summarize:

though it

is very likely that we will end

up recommending

in favor of DMS, they shoutd

supply this additional

information so that we can

have

it

on record

and

provide an answer to SWANCC’s

objections.

I

will forward

you

a copy of Christine’s

comments and letter when they are ready.

In the

meantime,

I

have

also provided

copies of DM8’ application

and SWANCC’s comments to Tin, Oakley for

his review.

•

Ruth

CC:

•

Christine Woiski

---

‘D~SPOSAL

MANAGEMENT

SYSTEMS,

INC.

7at

‘Me 2~a~è

Dispatch

420 Cutters

Mill

Lane

•

Schaumburg,

Illinois

60195

847-390-0300

www.disposalmanagement.Com

847-375-9626

877~4-CONflINER

Fax:

847-375-9635

Tanuary22, 2003

~

~

City ofDes Plaines

Department ofCommunity Development

1420 Miner

St.

Room

301

DesPlaines,

Ii.

60016

RE:

Request to Establish a Transfer

Station at

103

Sell

Rd.

Des Plaines,Il

Dear Ms. Broder:

In response to your

letter of

Jan.

16, 2003 may I first mention that we at

DMS have not tried to shortchange the permitting process for a transfer

station. To the best of our knowledge we have abided by the

State of

Illinois’s

rules

for

permitting a transfer station.

One area of conftision is

what

is

required for tue-local siting and what

is required for the state EPA.

We

supplied—an accurat&summazy of our intentions to

the City

ofDes

Plaines,

so that the council membericould make an rnformedjudgment

We

have ptepared,

in the past,

and are now subiiiitting~rnoredetails that we

think, only apply to the state EPA requir~mentsThese

items include things

such as

co~i’e&pf

our public notice mailings, detailed operating descriptions,

floodplain information

and other technical itemE.

It is our understanding that the permitting process allows

for local approval,

followed up by the

state EPA’s technical

evaluation of the plan, once local

siting

is approved.

I would also like to note that we have had visits by •staff

personnel

from the

city ofDes Plaines and Elk Grove Village

to

inspect

our

operation. We have worked with many people to make sure this project is

completed in the proper way, including Mr. Gary Cima with the state EPA.

and Mr. Hogensen from Des Plaines.

We would

like to respond to the items brought up

by SWANC. Enclosed

you

will find

a response to each of the items in their letter ofDec. 31, 2002.

As

requested our STATE EPA

#

is 0310635488—Cook County. Enclosed

please see an inspection report dated April 26, 2002

form the state EPA.

Printed

on

100

recycled paper

---

We trust the enclosed documentation will answer all

ofyour questions. If

not, please call

me

~

847-375-9626.

//

Sincerely,

Joe Anderson

V

V

---

3.

Are

you filling up a Jan

dfill?

Let Disposal Management Systems

recycle your refuse and con-

struction

debris.

We have roll-off containers in

sizes for every

need, and we recycle most materials at

our recycling

center.

N EWI

Recycling

Station

Sorting

&

Recycling

Open tops

15 yard

20 yard

30 yard

Compactors

20 yard

30 yard

Management

Systems,

Inc.

Roll-Off Containers,

Refuse

Recycling and Disposal

Services

We

fl

recycle!

•

Metals

•

Concrete

•

Brick&Block

•

Paflets

•

Cardboard

•

Paper

•

Wood

Call

Today!

Toll Free Dispatch:

877-

4 Container

877-426-6824

FAX:

847-375-9635

•

Commercial

•

Industrial

•

Residential

•

Insured

•

Call for quote

•

All major

credit

cards accepted

---

DISPOSAL

MANAGEMENT

SYSTEMS,

INC.

7a’~‘Me

2~i4t~te

Dispatch

420

Cutters

Mill

Lane

•

Schaumburg,

Illinois

60195

BUling

847-390-0300

www.disposa1management.com

847-375-9626

877-4-CONTAINER

Fax:

847-375-9635

DMS’S Response to

SWANC’S letter

of

12/31/02

(1/22/03)

Page #1:

Enclosed please find all of the supporting documents that we have prepared

for the

State EPA. We have been working on this project for over a year

starting with our initial request on

1/372002 to Mr. Patrick Hogensen.

Please

read this letter which describes our operation and needs. The enclosed

documents were not provided to the City of Des Plaines because we believe

they are only required by the Stae EPA.

SWANC says we can take loads below 75

recyclable and they

are correct.

However,

at the

end ofthe day, ifwe take

all

50

recycle loads we will not

meet our 75

requiréThent~For eyed

50

load we bring in we need to bring

a load of

1 00~recyclablt wb.joh is yery rare

Page #2

-

~

,~

We are requesting

a condthonalperimt. We want to be able to process

constructiOn

and demolition waste and c~mmercialloads of cardboard,

wood,

concrete, brick, asphalt, steel, palletts ~nd dirt. We have no intention

~

ofhandling waste from homes, cafeterias, restaurants

and other putrid types

waste. We also have

no intention of selling our company or facility. We are

a family run business. My brother and I have been in business for 21

years.

Any changes to the permit would have to

be approved

by the village council.

Page#3:

Rick Anderson was at the public hearing and was available to answer any

question. To my knowledge there is not a state requirement to have expert

witness testimony.

.JThe facility will serve an area of approximately a 25-mile radius

Printed

on

100

recycled paper

---

•

The need

for recycling

is obvious. Would we as

a society rather put material

into a hole in the ground, or recycle it into useful products? The major goal

ofthe

Cook County Solid Waste Plan is to recycle as much

as possible.

Landfill diversion

is the goal.

Page #4

Suffice it to

say that there are no

quarry pits nearby. Recycling concrete to

gravel near by at Vulcan material is

an economic advantage to the local area.

If it were not economical

I am sure Vulcan would not have any customers.

SWANC list

6 facilities that they say recycle construction debris. This

is

misinformation, Groot only recycles cardboard and pallets and does not sort

construction lOads.

American wood only grinds pure wood

and pure dry

wall; Vulcan material only accepts pure brick or pure concrete. This means

no paper, wood or cardboard allowed. We know this because, this

is were

we send our recycled material. All of the facilities listed

do not sort loads,

they only accept “clean” loads.

We at DMS dump the loads and sort the

material for shipment to the type of facility listed in their letter.

The

nearest facility that provides similar services to DMS is located

in

Melrose Park,

Ii.

Our daily estimates of the recycled material are included in our operating

information for the state.

This facility will process a maximum of 25 loads per day. This will vary

depending on the type of material.

Page ft

5

The location of the facility is perfect for

a transfer station. The site is zoned

C

industrial

and

is more than

800 feet from an area zoned residential.

Your

staffpeople have been to the site to evaluate the area.

We have included

a drawing ofthe facility.

---

Enclosed are

an aerial photograph and zoning map

of the area showing the

required 800

feet separation

from land zoned residential.

City of Des Plaines Engineeripg has certified that this

is not located in a

100-year flood plane

(See letter of3/1/02).

The design of the facility is described in the letter dated July

10

2002 to the

state of Illinois.

Page #6

See

letter ofJuly10, 2002

Page#7

See letter of July10, 2002

Page#8

Criterion

6-.

The traffic pattern requirements are overstated.

Section39.2 vi

states

“the traffic patterns

to or from the

facility are so designed to minimize

the impact on existing roads”

Our

facility will increase truck traffic

by

approximately

1

truck per hour. This is hardly an impact in our area.

See

letter ofJulyl 0, 2002.

.Page#9

See

copy of“Amendments to Cook County Environmental control

Ordinance”

Regulated recharge

areas are rare in this area ofthe state as per Mr. Gary

Cima ofthe

State EPA. He has said this

is reviewed by the agency when the

permit is submitted.

Enclosed find

copies ofthe

31

notices for the public hearing that were sent

out in July of2002

Summary:

---

We ask that you approve our request so we can begin recycling greater

vantities of material after state approva1~

---

From:

Ruth Broder

To:

Christine Woiski

Date:

1/23/03 8:59AM

Subject:

Re:

DMS

Letter

Chris,

This

looks very good.

I would just suggest that we hold off

on sending

it because Joe Anderson

is

planning on coming by today to

drop

off the copy

of

the permit.

He is also bringing

other information

that

he compiled

based on

SWANCC’s comments.

We should look this over and delete from

the letter

anything that he will have already

given

us.

He is OKwith

delaying the vote and willing to amend the

application,

but he does want to

get

this resolved as soon as

possible.

He is very willing to

try and supply

us with whatever information we

ask for and

will

try to

do

so within

a couple of weeks,

max.

Therefore,

I

think

it would be

a

good

idea to

put

an

end date

in the letter,

(90 days from

February

10 would

be May

11), but we

should shoot for the first council meeting

in March for

a vote.

Regarding the O’Hare

expansion,

he seems

to think that

his property will

not be needed for several years,

and that even if the airport acquires it, they will be able to

lease

it

back from them for-some time.

Christine Wolski 01/22/03 05:26PM

Ruth,

Please review second draft.

I

made the changes you had suggested.

Thanks.

If

it’s fine,

I

will email it

to Bill and

ask

him to sign

it and mail

it (since

I won’t have his signed copy).

By the way,

should we specify

a

date

to receive this information (i.e. calculate 90 days from

the 180th day

we have for replying back to him

or 90

days from

the

Feb 3 Council agenda)?

Do

you want

to

be the

contact

person since you already

have been so far?

I will email

you the council

agenda letter tomorrow.

Basically it

is

recommending the council

to postpone

a

decision on this

until further infomation is provided.

Thanks.

J~H~

—•

7~MS ~

RJ!IJ

®cj~

LL~1Lt

---

CITY

OF

DES PLAINES

1420

Miner

/ Northwest

Highway

U

Des

Pleines,

Illinois

eooi

8-4498

•

CB47) 391-5300

—

INTERNAL MEMORANDUM

January 24, 2003

REF. #

03035

Ruth Broder

Community

Tim Oakley, P.E.

City Engineer

REFERENCE:

DM5 Waste Transfer Station

Application

I have

reviewed the

DMS

application

and

the

comments

offered

by

SWANCC

and

KDPB.

I

agree

that the

application

is

seriously

lacking

pertinent information

to quali~DM5

as

a

waste

transfer station.

The Engineering department has concerns with only

two

elements at this time:

1.

(Criteria

6)

The potential

increase in

traffic

due

to

acceptance of more truck loads

at the

facility.

If an

estimated number of loads

is

provided

by

DMS, we

can

compare

existing

traffic volumes

to

projected volumes and

determine if any improvements may be required

such as

intersection

andlor

roadway widenings,

signalization

adjustments, or upgrades to

roadways

and/or driveway

entrances.

It is noted that the facility is located

in an

industrial

area

and near

sufficient

truck

routes.

It is

not

likely that

any

additional

truck volumes

will impact sensitive

areas

like

schools, residential neighborhoods, or parks.

2.

(Criteria

7)

The

procedure

for

handling

accidental

spills

and

appropriate

emergency

response plan.

A comprehensive emergency response plan should be

submitted by DM5

and

should

include

evacuation routes.

The Engineering department can review proposed

road

closures

and detour routes that may

be

necessary in the event of an

occurrence.

Please

call me with

any questions.

TPO/BLS/bls

,.,ea. a,

I,

~

I,

RECEIVEP

JAN

2

8

2@~~

:DepL

of

Community

VevHIup”~’’

City

of

Des

Plainas

rBIT

DATE:

TO:

FROM:

---

__

____________

--

Pagei~

From:

Christine Wolski

To:

William Schneider

Date:

1/30/03

12:43PM

Subject:

Re:

DM3

-

permit

Bill,

Ruth has

been the contact

person for DM3.

I passed my comments

to her after

I

reviewed

both

the DM3

application and SWANCC’s

comments.

Afterwards,

I believe

she has met with them and spoken to them

by

phone.

The only

modification they needed to their application was additional information for the

criterias

to which

they agreed.

This was supposed to be

on the Feb

3 council agenda but when

I

had asked Ruth

if this was necessary

since DM3 agreed

to

provide

the additional

information right away, she stated that we-should-rot-have

to.

If DM3 could

not provide

the information

in a timely

manner, the council would be asked to postpone

a

decision until

the information was

provided.

However, since

DM3 provided

the information quickly, Ruth

said

she would

go over

it with my comments

and see if what we

needed was

provided.

We agreed that

staff recommendation would be presented to council the 2nd meeting

in Dec.

I will

speak

to

Ruth

in regards

to the

additional

information

DM3

provided.

(I have not seen

what they

had

given her).

We

know what

the decision

will

be but we need that extra information on

file, especially-when-

we reply to

SWANCC.

We’ll talk w/ DM3.

-

Thanks.

William Schneider 01/30/03 11:39AM

Joe Anderson

called me about this

Can you

two please coordinate

a conference call with

him for next

steps.

I have no idea what to

do with this guy?

Why would

he have to amend his application?

I thought

he just responded

to the

SWANCC letter and now

it is up to City Council?

Please advise which council

meeting

it wilt be

on.

After

all, quite frankly, this guy

is in the

O’Hare

Acquisition

area

and Chicago

is sending him offer

letters weekly to

condemn him

He will be out

of

business

soon.

William Schneider,

Jr.

City of Des Plaines

Asst. City Manager/

Economic Development Director

Phone:

847-391-5651

Fax:

847-391-5378

---

TITlE

From:

William Schneider

To:

Allegro5:”brooke~swancc.org”©Allegro5.hub

05

~

Date:

1/30/03 3:36PM

Subject:

Re: DMS transfer station

I

think we are shooting for the

March 3rd

meeting

-

you

can call our City Clerk’s Office

at 847-391-5310 for

follow

up

William

Schneider, Jr.

City of Des Plaines

Asst. City Manager /

Economic

Development Director

Phone:

847-391-5651

Fax:

847-391-5378

“Brooke Beat” brooke~swancc.org

01/30/03 02:S7PM

Bill:

When will the City Council formally consider the

DM3 transfer

station

application for

siting approval?

Thanks for your help.

Brooke

-

C.

Brooke Beal

Executive Director

SWANCC

brooke~swancc.org

847-296-9205 voice

847-296-9207

fax

-

This

inbound E-Mail message was scanned

by Allegro

MailWatch.

+

—

+

**CQNFIDENTIALITy

NOTE**

+

+

+

+

This E-Mail

transmission contains information for the City of Des Plaines,

+

+

which

is confidential or privileged.

The information

is intended to be for

+

+

the use of the

addressed individual or entity.

If you are not the intended

+

+

recipient,

be

aware that any disclosure,

copying, distribution or use of the

+

+

contents of this information

is

prohibited. If you have received this

E-Mail

+

+

transmission in error, please notify the sender by

replying to

this E-Mail or

+

+

telephone the sender immediately and please contact your system administrator.+

+

+

+

www.mail.com www.allegro.net www.mailwatch.com www.mailzone.net

08/1 9/2000

+

+

+

CC:

Christine Wolski;

Nancy Peterson;

Ruth Broder

---

--

-

Page

1

~-~----

~..--~--

~

~

~-~--

~

~

~

From:

Ruth

Broder

To:

Christine Wolski

Date:

2/4/03

10:43AM

Subject:

Re: DM3 Application

Chris,

I

do have copies of all

OMS’ notices.

Didn’t

see any reason to send them over to you,

though you are

welcome to took at them if you want to.

I basically

agree with

you on

the application.

Would you mind writing DM3

a letter to request that they

supply- an emergency

response plan?

This seems to be everyone’s primary concern.

As for the O’hare

expansion,

I

think

it is mainly DM3’ problem: it they want to proceed,

it is primarily going to affect them if

they end up getting bought out.

They are aware that ourapproval

is only for this particular

site.

As

to the schedule,

I had thought it was on

the agenda for February

18.

I’m not sure why it has

been

changed, unless the agenda was simply too full and Donna decided to move it.

I’ll check and get back to

you.

Thank you again for all your help with this

project,

Ruth

Christine Wolski 02/04/03

10:36AM

Ruth,

I know we have spoken and

are on

the

same thinking path

forthis

application

but

I wanted

to get in touch

with you on

the additional

information you sent over to me

(by the way, thanks!).

I

have reviewed

the additional

information that DM3

provided

to you.

DMS mustunderstand that the

reason we requested this

information is to satisfy the City’s concerns and SWANCC’s concerns for the

facility.

Even though DM5 gave us

information on emergencies,

it does not seem to satisfy

emergency response

to accidental spills or sudden

asbestos loads. (I agreed with you on this before.)

Perhaps Mr. Anderson

can supply the City with a plan.

he can refer to the emergency plan he provided for the IEPA that he

should have attached with his original application for the recycling facility.

My other concern is that his

property is in the O’Hare expansion plan.

I think you mentioned that he seemed unsure but

I would

recommend

that he speak with

someone

in this

expansiOn plan to confirm

if his property is one that will be

bought or spared.

If it will be bought, he should find out what length

of time he has on this property

for his

own

knowledge.

-

-

The IEPA inspection gave better irisightto DM5.

According to their recent inspection,

DM5 appeared to

be complying with

the required State regulations.

This is positive

(it seems their recordkeeping is well

organized too).

-

-

The floodplain

letter by

DP Engineering

is fine.

The list of disposal locations is fine.

The July 10, 2002

letter gives

us details on facility

description, tagging

&

record keeping, traffic, personnel,

dust control,

clean up, closure,

run

off, etc--this

is

good.

It true that the

Cook County

plan is to

reduce waste and

recycle.

I’m assuming you

have the copies

he mentions he provided of the

31

notices forthe public

hearing.

Based

on the additional

information,

I feel that DMS

is sincere about doing this and that they will hold to

their application.

I would

recommend

an approval for a conditional/restricted permit

(not allowing any

-

-

:7

---

other

material besides

what

is stated

in the application--once they provide

an

emergency response

plan.

They are trying to

be

environmentally supportive and are simply trying to expand on their recycling load

intakes by converting the current facility

into

a transfer facility.

The

deadline for the

Feb

18th Council

is this Friday--02/07.

Perhaps we can get on

this agenda

rather

than

March 3?

That way DM5 does not

have td wait another few weeks.

Please let me

know what your comments are on the application.

If there are any other questions, please

let me know.

Christine.

---

:C~d~ffne\Aoiski:

Re:

EPA info

on

DMS

-

--

Page

1

~

—~-~er-~

~

—

~j~a~t--

From:

Ruth Broder

To:

Christine Wolski

Date:

2/6/03 10:41AM

Subject:

Re:

IEPA info on

DM3

Hi,

Chris:

-

Sorry

I wasn’t able to respond to

you yesterday.

I was on jury duty.

I

think

a

phone call would be

fine,

especially since Donna

McAllister has informed me that

the case

IS on

the

February

18

agenda.

This also means that by tomorrow, we

need to give Donna (and

Bill) a

memo

for the

Council.

I don’t think it has to

be that complex -just summarize the

criteria, and our response with

a

general recommendation

-

I think

we are agreed that

it should be tentatively in favor pending their

emergency response

plan.

The information

you got from

IEPA is very helpful

here.

Joe Anderson/DMS

phone #

is (847)

390-0300.

Another number is (847) 375-9626.

Do you mind doing

the memo?

If

it is going to

be

any problem,

let me know and

I’ll ask

Donna

to reschedule to

the

March 3.

Thanks,

-

Ruth

Christine Wolski 02/04/03 04:31PM

Ruth,

-

I spoke with Donna Czech

from

IEPA in regards

to

DM3.

Donna informed me that DM5

is

a facility that is ‘permit exempt.’

This means, obviously, that they are not

working under

a granted

permit from

IEPA.

The facility is working

under the ‘IEPA ACT’ so to

speak.

-

Donna explained

to me that

if the facility

meets

all the requirements

in the IEPA ACT Section 22.38

(Facilities accepting

exclusively general construction or demolition debris fortransfer,

storage, or

treatment) then

a permit

is not necessary for them to operate.

If, however, they do not meet

all

11

requirements, or not comply with them, then the facility needs

to apply for

a

permit.

She stated that they

are

a small facility and have everything labeled

and organized. Since they want to accept more (which

they will

not

be

able to comply with the requirements

in

the ACT), they will need

to get

a permit from

IEPA

but need

our approval first (we knew this).

Since

I

initially called to see if

I

can get

a copy of their permit and possibly emergency plan,

but then found

out there is no permit,

I inquired

if the

IEPA questioned an emergency response plan.

(According to the

11

requirements, there is no

mention

of emergency plan).

She stated that they should first know what is

coming into the

site.

Even

then, she

stated that before the load gets dumped, they inspect it to see what it

is,

then sort

it.

If it

is

unacceptable, they get

it off site.

I told her

I

was looking for even training,

i.e.

asbestos

training or what if a fuel hose breaks, etc.

I

don’t think

this was checked into.

Since Criteria

7 states, ‘if the facility will

be treating, storing or disposing of hazardous waste....” and

DM8

stated that

they are not,

I

still think we

should at least get a

little emergency response plan.

I

have a

feeling SWANCC

will be

on this.

I know you wanted

me to write them but do

you think

I should

call them

instead?

It

may be faster service.

-

Chris

---

CE~i~?iF~ê

Wó~TiFkèDMStthhsfèY~titiàh

From:

Ruth Broder

To:

Allegro5:”brooke~swancc.org”~Allegro5.hub

05;

William Schneider

Date:

2/6/03

1:43PM

Subject:

Re:

DMS transfer station

Thanks.

_.22

William Schneider

02/06/03 01:33PM

OK

-

also,

I spoke

to the County environmental department

on other

issues

and they

said that theywovld

send

a

letter

in support of the

permit to offset SWANCC’s opposition

-

Christine can call Ray Akers whom

I

think you spoke to already

-

William Schneider, Jr.

City of Des Plaines

-

Asst. City

Manager /

Economic Development Director

Phone:

847-391-5651

Fax:

847-391-5378

Ruth Broder 02/06/03 10:42AM

Actually Donna

has

told me that

it is Feb.

18,

but we

may need

to reschedule to Marctt3,Jfwe don’t have

time to prepare

a memo to Council.

We are

still waiting

for one piece of information from

DMS.

William Schneider 01/30/03

03:36PM

I

think we are shooting for the March 3rd meeting

-

you cap

call our City Clerk’s Office

at 847-391-5310 for

follow

up

William

Schneider, Jr.

City of Des Plaines

Asst.

City Manager/

-

Economic Development Director

Phone:

847-391-5651

Fax:

547-391-5378

“Brooke

Beal” brooke(ä~swancc.orQ

01/30/03

02:57PM

Bill:

When will

the

City Council formally consider the DMS

transfer station

application for siting approval?

Thanks

for your help.

Brooke

C.

Brooke

Beal

Executive Director

-

SWANCC

-

brooke(ä~swancc.org

847-296-9205

voice

847-296-9207 fax

This inbound

E-Mail message was scanned by Allegro MailWatch.

+

+

---

DEPARTMENT

Of

PUBLIC

WORKS

CITY

OF

DES

PLAINES

1111

Joseph

J

Schwab

Road

~

Des

Plaines,

Illinois 60016

a

(847) 381-5464

t

FAX

(847)

297-6801

DATE:

February 6,2003

TO:

Donna McAllister

City Clerk

Cc:

William

Schneider

Acting

City

Manager

-

-

FROM:

Christine Woiski

Keep Des Plaines Beautiful Coordinator

-

RE:

Item for February- 18, 2003

City Council Committee Agenda

-

Disposal Management Systems Application

Disposal Management Systems

(DMS),

103

Sell Road,

Des Flames, Illinois

is

a facility

that

recycles construction

and demolition debris (pallets, wood, concrete,

cardboard,

bricks, asphalt, steel, aluminum,

and clean dirt/gravel/sand).

DM8 would

like

to

apply

for a transfer station permit from the Illinois Environmental Protection Agency (TEPA).

However, by process, DM8 must obtain

approval ofthe municipality in which they

are

-

located before seelcing approval from the EPA.

-

A

public hearing had been held on December

2, 2002

in

the City Council Chambers.

Written comments had been accepted for a period of

thirty

days after the hearing.

The

Solid

Waste Agency of

Northern

Cook County (SWANCC) had been the only

-

organization that had comments regarding the application.

The

Community

-

Development

Department,

Public Works

Department-KDPB, and Engineering

Department

had

completed a review of the application

and

SWANCC comments.

EPA

had also been contacted for additional information on the facility.

DM5 operates a 2,000 square foot recycling facility that recycles

30 tons of recycled

material per day.

Recyclable materials

are sorted at the facility and taken

off site to

designated recycling facilities.

DMS

has been

operating for 2 years

and accepts loads

that

only have

75

recyclable material in order to meet EPA requirements.

Other loads,

loads

that contain only 50

recyclable material,

are

rejected.

DM5

would like

to accept

the 50

loads instead of sending themto the landfill.

In order for DMS

to

accept these

loads, they need to obtain

a transfer station permit from

the EPA.

V’~

CITY

DES

PLAINESJ)

ILLINOIS

---

DMS

is diverting construction debris

from the landfill, which makes up

about 25-45

of

the waste

stream.

It currently serves a

25-mile

radius

area.

The facility

is located in an

industrial

zone, is more

than 800

feet from a residential

area,

and is not located in

a

100-

year flood plane.

The impact on traffic would be minimal,

only increasing truck traffic

by

I

truck

per hour.

Water sprays

are used to

control dust, site is fenced for -safety and

to

prevent litter from flying off site,

and the building contains a 2400-gallon containment

dike to prevent

any discharge ofmaterials, if any.

No hazardous material is

accepted or

stored.

-

DMS

has been in compliance with JEPA regulations

and

has conducted their

establishment

in an

organized

and

proficient manner.

The facility has demonstrated the

ability to

meet the nine criteria necessary in the TEPA Act.

They have supplied the City

with proper documents and information.

The

facility is

environmentally supportive and

is promoting

a

beneficial

program that is helping the environment and the communities.

The Community Development Department

and KDPB recommends the Council to

approve the construction and

demolition

transfer

station

application for Disposal

Management Services,

103

Sell Road, Des Flames, Illinois.

Cc:

Matt Dusckett, PW Director

Ruth

Broder,

Community Development

Coordinator

---

rMut.

~

DISPOSAL

MANAGEMENT

SYSTEMS,

INC.

2G~71(4

7ae~te

Dispatch

420

Cutters

Mili Lane

•

Schaumburg, Illinois

6019$

Billing

847-390-0300

www.disposa~n,anagemeni..enm

847.375-9626

877-4-CONTAINER

Fax:

847-3759635

FeI,ruaryl2,20(fl

-

Ruth

Broder

City ofDesPlaines

1420 Miner

Desplaines, Illinois 60016-4498

Re: Transfer Station

Hearin.g

Dear Ms.

Broder:

We

would

like

to

respond

to your concerns ofasbestos entering

our

facility

and of

oil

leaks

from-

the

equipment.

We

share

your concern of

asbestos entering our recycling facility. We

want

to

protect

our cmployees

and

the envwonment

To muiinnze this

risk

we deal

with

reputable

contractors, who

are

responsible for asbestos

abatement at the

job

site ifneeded.

By

law they are required

to: evaluate

and

rernediae

the

site

pnor

to

any

d~mo1ition Ifbychance

any

asbestos

or

unusual s~aste

is

identifie:d

at

ourfadility,

the

em

pIoyee~

i~$nrking.nn

the sorting

floor

are to

leave

the

area

and

inform their

supervisor immediately. The

supervisor

notifies the operation manager

if~rther

investi9ation

is required.

Ultimately

ifthere

is

a valid situation that needs further attention Rick Anderson or

myself will

be notified.

We

would then isolatc the material in the building

and

take

whatever steps

are needed to

remedy the situation in

a

safe and

environmentally safe manner. In the ca~e

ofasbestos,

we would spray water

on

the

material and call an asbestos contractor for proper handling and

disposal.

Ms. Droder

I. would

like to also state

that the vast majority

of the recycled

material

we process is

from new construction, which is free from asbestos,

which

is

no longer~

used in building materials.

Management ofoil spills

is an ongoing program at DM5. We begin by

inspecting hydraulic hoses

on

our

vehicles to prevent leakage at

our

facilities

reGycI.d

pap.r

---

and

at our customer’s facilities. If we

do

have a

leak of any

fluids

our

employees

immediately

use the available absorbent to remediate the spill.

The

maximum potential

spill volume

at our facility

is

50 gallons. We do not

have any bulk storage ofmaterial.

To elimir ate large spills,

the

largest liquid

container

that we purchase hydrocarbon material in

i.s

5

gallons. To

be extra

safe, we

collect all

storm water from our facility and send it through ~n cti.li

water separator.

If

you

have any other question.s regarding our facility please call

me.

Sincerely,

erson

---

Ithristine WoIski

-

Re: OMS at council

Pa~1

From:

William

Schneider

To:

Christine Woiski;

Ruth Broder

Date:

2/18/03 1:38PM

Subject:

Re: DM5

at council

I

assume

Christine is doing this

presentation?

please confirm

Wifliarn Schneider, Jr.

City of Des Plaines

Asst. City Manager /

Economic Development Director

Phone:

847-391-5651

Fax:

847-391-5378

‘.-_~

Ruth Broder 02/15/03

10:39AM

T—i

will

call

him today.

He did not really send an emergency response plan, per se, but did send a brief

letter, dated

February

12, outlining the steps that would be

taken in case of an emergency.

You are

welcome

to have

a copy of it.

(I’ll

leave one with Mary just

in case

I’m not here).

I

MI

not be

at the council

meeting, but Bill will

and is familiar with the whole case.

Ruth

Christine Wolski 02/18/03 09:I5AM

Hi Ruth!

Can you

call Mr. Anderson

to confirm his presence

at the council meeting

(or

his representative)?

Did he

mail you an emergency respose

plan?

I’ll be

in City Hall this afternoon-can

I

get a

copy of

it?

Also, will

you be present at the Council

meeting for this?

Thanks.

Chris

---

Christine

Wolski

-

dms transfer station

Page lj

From:

“Brooke

Beal” brooke~swancc.org

To:

“William

Schneider” cWSchneid~desplaines.org

--—s’

Date:

2/18/03

1:10PM

/

Subject:

dms transfer station

Bill:

I saw on

that the DMS transfer

station

is on tonight’s meeting agenda.

Is

there any information

that was sent to

the City Council that

is public

information?

If there

is,

can

I

get a

copy prior to the meeting?

Thanks

for you assistance.

Brooke

C.

Brooke Beal

Executive Director

SWANCC

brooke~swancc.org

847-296-9205 voice

847-296-9207 fax

This inbound

E-Mail message was

scanned by Allegro MailWatch.

+

+

+

**CONFIDENTIALITY

NOTE**

+

+

+

+

This

E-Mail transmission

contains information for the City of Des Plaines,

+

+

which

is confidential or privileged.

The

information is intended

to

be

for

+

+

the use

of the

addressed individual or entity.

If you are not the intended

+

+

recipient, be aware

that any disclosure, copying,

distribution or use

of the

+

+

contents of this

information

is prohibited.

If you

have received this

E-Mail

+

+

transmission in

error,

please notify the

sender by

replying to this

E-Mail or

+

+

telephone the sender

immediately and please contact your system administrator.+

+

+.

+

www.mail.com www.allegro.net www.mailwatch.comwww.mailzone.net

08/19/2000

+

+

+

---

STATE

OF

ILLINOIS

COUNTY

OF

COOK

)

)

CLERK’S

CERTIFIChTE

I,

DONNA

MCALLISTER,

do

hereby certify

that

I

am

the

qualified and acting CITY CLERX* of the City of Des Plaines, Cook

County,

Illinois,

MO

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

LL~-LA,

~ctkflQ,j

V~n.)~d_n4I~inv)rCS

—\~e\m, VLLQPQ3

is

C)

I

a true and correct copy of the records

of the City of Des Plaines.

IN WITNESS WHEREOF,

I

hereunto affix my signature

and

impress hereon the corporate seal of the said City of Des Plaines,

Cook County,

Illinois, this_~1~H”~

day of

______________,

2003.

By:

*per the provisions of

65 ILCS 5/3.1-20-5

of the Illinois Compiled Statutes

(1998)

a

I

L~LJ

DONNA

McALLISTER,

City

Clerk

City

of

Des

P

/47/4’ ,4~?7?97~

~nes,

County

of

Cook

NANCY

P~k’ERSON, Deputy

City

City of/Des Plaines, County

Clerk

of Cook

---

MINUTES

OF

THE

BEG

).EETING

OF

THE

CITY.

cOUNCIL

OF

THE

CITY

DES

PLAINES,

ILLINOIS

HELD

IN

THE

E

OR

ROHRBAcH

MEMORIAL

COUNCIL CRM~BERS,DES

PI~A2NES CIVIC

CENTER,

TUESDAY, FEBRUARY

18,

2003

cAJ..L

TO

ORDERt

The

regular

meeting

of

the

City

Council

of

the

city

of

Des

Plaines,

Illinois,

was

called

to

order

by

Maydr

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

CALLi

Roll

call

indicated

the

following

aldermen present:

Murphy,

Sayad,

Becker,

Smith,

Argus.

Aldermen Beauvais,

Christiansen

and

Brookman

were

absent:

Alderman

Christiansen

arrived

at

6:1’?

p.m.

Alderman

Brookman

arrived

in

Executive

Session

at

6:50

p.m.

Alderman

Beauvais arrived

at 7:41 p.m.

Also present were: Acting City Manager—EDC

Director Schneider,

Director

of Finance Egeberg,

Police chief Ryan,

Fire Chief Farinella, Director of

Engineering Oakley, Diredtor of Public Works DusckEtt,

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.

_________

Moved by Sayad, seconded by Murphy,

to go into Executive

________

Session

to

discuss

collective

bargaining.

Upon

roll

call,

the vote was:

AYES:

5—Murphy,

Sayad,

Becker,

Smith, Argus

NAYS:

0—None

ABSENT:

3—Beauvais,

Christiansen,

Brooknian

Motion declared carried.

The City Council recessed at

6:16 p.m.

The city Council reconvened at

‘7:00 p.m.

Roll

call

indicated

the

following

aldermen

present:

Christiansen,

Murphy,

Sayad,

Brookinan,

Becker,

Smith,

Argus.

__________

The opening prayer was given by Pastor Greg Eaton,

First

_______

United

Methodist

church,

followed

by

the

Pledge

of

Allegiance.

PRESENTATION:

Mayor Arredia presented the

‘The Year of the Family Award

to Al Alderman, who has been

an inspiration to not

only

his children and scout

troop,

but to his family and the

community

at

large.

Mayor

Arredia

introduced

Rev.

William

Grice,

First

congregational

Church,

who

in

turn

introduced

Debra

Wielusiak,

the new Community Resource Director

for

the

Self—Help

Closet

&

Pantry

of

Des

Plaines,

who

urged

residents to contribute

food and clothing because there

is

a growing need

in

Des

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

.

EflcUT.Ifl

SESSION:

PRAYER AND

PLEDGE:

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

Flamnfield Elem.

School

---

PRESENTATION

(Cont’d.)

Devonshir,e Elementary

bcnooJ.

Forest Elementary School

Friendship

Jr.

High

School

Immanuel

Lutheran

School

~UULII

SPARKS

Program

(Dis.

62)

•

mily Elem.

School

ace Elementary School

Mrs.

Stacey Magnusson,

President of the Optimist Club of

Des Flames, read a letter from the Optimist Club stating

that

they will donate

all

seventeen

(17)

trees

for the

2003 holiday se4son

at Library Plaza.

CITIZEN

PABTICIPA,:

COLLECTIVE

EABGAINING/

POLIcE

MAP)

CHAPTER 282

Resolution

R-2l—03

Ordinance

H— 8—03

Mr.

Michael

Mickelsen,

Des

Plaines

Citizens

for

Responsible

Development,

P.O.

Box

2760,

•Des

Flames,

addressed the City Council stating that his organization

has looked into the flooding issue; they have contacted

other communities to

see what they are doing; permeable

payers

are being used to construct parking

lots;

he has

a lot of information that he would be willing to loan to

the City;

we should require that all large parking

lots

and driveways

be constructed with permeable payers.

Mr.

Bob

Suriano,

1258 Wayne

Drive,

addressed

the City

CoUncil stating that there

is

a problem with cars going

the

wrong way

down

Graceland Avenue;

there

should

be

better signage;

when the

Police stop cars

on Golf Road

at River Road,

they should pull off into

a parking lot

rather

than block

traffic;

when cars

are

involved

in

accidents, they should be pulled off the road so traffic

can go through.

Mr.

Gary Danfield,

655

River

Road,

addressed the

City

Council

stating

that

the

City should not

accept

gifts

from the Optimist Club

until

they clean

up after

their

Christmas Tree

sale;

we should look at allowing them

to

use

city

property;

they

don’t

maintain

the

property

properly.

Moved

by

Becker,

seconded

by

Sayad,

to

concur

with

majority agreement in Executive Session that City ratify

contract with the Netropolitan Alliance of

Police

(MAP)

Chapter ~t282

CE—Sn),

effective May 1, 2002 through April

30,

2005;

and

adopt

Resolution

R—21—03,

A

RESOLUTION

RATIFYING AND AUTHORIZING

TUE MAYOR AND CITY CLERK

TO

EXECUTE

THE

COLLECTIVE

BARGAINING AGREEMENT

WITH

THE

METROPOLITAN

ALLIANCE OF

POLICE,

DES

PL.AINES

CIVILIAN

CHAPTER

4#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

1—Argus

NAYS:

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

AIIENDING 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

ANENDMENTS

MADE

IN

THE

AGREEMENT EFFECTIVE

MAY

1,

2002 THROUGH APRIL 30,

2005.

Upon roll call, the vote was:

AYES:

7-Beauvais, Christiansen, Murphy,

Sayad,

Brookntan,

Becker,

Smith

NAYS:

1-Argus

ABSENT: 0-None

Motion declared carried.

C,

---

S

PAGE THREE

MOTOR FUEL

Moved

by

Beauvais,

seconded

b

rookman,

to

TABLE

the

TAX

INCREASE

matters of Motor Fuel Tax Increase and Telecommunication

& TELECa*d.

Tax

Increase,

scheduled

to

be

discussed

under

New

TAX INCREASE:

Business later in the meeting.

Motion declared carried.

MANCARI AUTO

Moved by

Smith,

seconded

by

Becker,

to POSTPONE until

GR0UP/

April

7,

2003,

the matter

of

the Business

Development

77 RAND

ROAD

Agreement and the

6(b)

status for Mancari Auto Group,

77

Rand Road,

scheduled to be discussed under Committee of

the Whole later in the meeting.

Motion declared carried.

cONsEN~

Alderman Sayad requested that Item

2 be removed from the

AGENDA:

Consent

Agenda;

Alderman Beauvais requested that

Items

4 •and 4a be removed;

and a resident requested that Items

6 and

6a be

removed.

Moved

by

Sayad,

seconded

by

Becker,

to

establish

a

Consent

Agenda

except

for

Items

2,

4,

4a,

6

and

6a.

Motion declared carried.

Moved

by

Murphy,

seconded

by

Sayad,

to

approve

the

consent Agenda.

Upon roll call,

the

vote was:

AYES:

8—Beauvais,

Christiansen,

Murphy,

Sayad,

Brookman,

Becker,

Smith,

Argus

NAYS:

0—None

ABSENT:

0—None

Motion declared carried.

Minutes were approved;

staff

recommendations

and

requests

were approved;

Ordinances

M—4—03,

M—5—03,

M—6—03,

M—7—03,

T—l—03

and

Z—3—03

be

adopted; Ordinances M-9—03 and T—3—03 be placed on First

Reading; and Resolutions R-23—03 and R—24—03 be adopted.

MINUTES

Moved by

Murphy,

seconded by Sayad,

to approve minutes

1/22/03:

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 Brookman,

to POSTPONE until

2/3/03:

March

3,

2003,

under Unfinished Business,

approval

of

minutes

of the regular meeting of the City Council held

February 3,

2003, as published.

Motion declared carried.

DRIVING

Moved by Murphy, seconded by Sayad,

to concur with Staff

RESTRICTIoNS:

recommendation to amend Title

X,

Chapter

9

—

“Licenses”

consent

of

the

City

Code

to

~fl

a

NEW

Section

9

to

make

it

Agenda

unlawful

to

drive

without

a

license

or

drive

on

a

suspended

license;

the minimum

fine

upon conviction

or

Ordinance

plea of

guilty shall be $50;

and further recommend

to

24-9-03

place

on

First Reading Ordinance

M—9-03,

AN ORDINANCE

AMENDING THE CITY CODE OF THE CITY OF DES PLAINES, TITLE

X,

“TRAFFIC” CHAPTER

9,

“LICENSES” TO ADD A NEW SECTION

9,

TITLED

“PENALTY

FOR DRIVING

WITHOUt A LICENSE,

OR

DRIVING ON A SUSPENDED LICENSE.”

Motion declared carried

as approved unanimously under Consent Agenda.

LIp.

tic.J

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

?a

one

(1)

Class

8-1

Ordinance

Bulk Sales

Dealex~sLiquor License

for property located

24—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-10—03.

Motion

declared

carried.

TRAFFIC

Moved

by

Murphy,

seconded

by

Sayad,

to

concur

with

RESTRICTI0N/

recommendation of

Staff

Traffic Advisory

Commxttee

to

PERRY

ST.

:

amend Title

X, Chapter

7, Section

3

—

“Stop Streets” of

consent

the City Code to ~p

that westbound Perry Street traf tic

Agenda

stop at Graceland Avenue;

and further recornmendto place

on First Reading Ordinance T-3—03,

AN ORDINANCE AMENDING

Ordinance

TITLE X,

“TRAFFIC” CHAPTER 7,

“THROUGH AND STOP STREETS”

T—3—03

cøk

---

T303

SECTION

3

“STOP

STREETS”

TO

.AVL)

it

INC.fl

Ost~r

2-ta

(Cont’d.)

WESTBOUND

LANE OF

PERRY

STREET.

Motion

declared

carried

5

as approved unanimously under 5sent

Agenda.

TT?

EXTEN./

Mr.

Gary

Danfield,

655

River

Road,

addressed

the City

CONDIT. USE

Council

asking why the City

is

giving them

a six—month

&

VARIATION,

extension.

Alderman Becker said because of 9/1/01; this

2930

RIVER

is

a

multi—million

dollar

project;

the

hotel

industry

took

a

big

hit.

Resolttion

R-22-03

Moved by Becker, seconded by Sayad, to concur with Staff

recommendation

to grant request for extension of time for

preparation and submittal of the Conditional Use Permit

and Variations

(as approved by the

City Council on July

16,

2001

—

Ordinance Z—12—01 and amended by Ordinance 2—

2—02

on

April

1,

2002),

from

April

1,

2003

through

and

including

October

1,

2003;

for

property

located

at

2930

S.

River

Road

(Hilton

Garden

Inn);

and

further

recommend

to

adopt

Resolution

•R-22—03,

A

RESOLUTION

GRANTING

AN

EXTENSION

OF

TIME

FOR

SUBMITTAL

AND

APPROVAL

OF

A

CONDITIONAL

USE

AND

ZONING

VARIANCES

PURSUANT

TO

SECTIONS

3.4—8

“LIMITATIONS

ON

CONDITIONAL

USE”

AND

3.6—12

“LIMITATIONS

ON

VARIATIONS”

OF

THE

DES

PLAINES

ZONING

ORDINANCE,

AND

GRANTING

AN

EXTENSION

UNTIL

OCTOBER

1,

2003,

LOCATED

AT

2930

5.

RIVER

ROAD,

DES

PLAINES

(CASE

Ol-22—CU—V).

Upon

roll

call,

the

vote

was:

AYES:

8—Beauvais,

Christiansen,

Murphy,

Sayad,

Brookman,

Becker,

Smith,

Argus

NAYS:

0—None

ABSENT:

0—None

Motion

declared

carried.

ATM

F~CHINE

Moved

by

Murphy,

seconded

by

Sayad,

to

concur

with

Staff

PLACE,

AGREE.

recommendation

that

Mayor

and

City

Clerk

be

authorized

POLICE

5Th.

to

execute

“Placement

Agreement”

with

Anderson

ATM

1420

MINER:

Systems,

4644

N.

Leclare

Avenue,.

Chicago,

IL

60630,

to

consent

place

an ATM Machine

in

the

lobby of the

Des

Flames

Agenda

Police

Station,

1420

Miner

Street;

City

to

receive

$1.20

per

transaction

at

said

ATM

machine;

and

further

Resolution

recommend

to

adopt

Resolution

R—23—03,

A

RESOLUTION

R-23-03

AUTHORIZING

A

“PLACEMENT

AGREEMENT”

BETWEEN

ANDERSON

ATM

SYSTEMS

AND

THE

CITY

OF

DES

PLAINES

FOR

THE

PURPOSE

OF’

PLACING

AN

ATM

MACHINE

IN

THE

LOBBY

OF

THE

DES

PLAINES

POLICE

STATION,

LOCATED

AT

THE

DES

PLAINES

CIVIC

CENTER,

1420

MINER

STREET.

Motion

declared

carried

as

approved

unanimously

under

Consent

Agenda.

LOCEBOX

BANE

Moved by Murphy, seconded

by

Sayad,

to

concur

with

Staff

ACCT.

AGRIE./

recommendation

that

City

Clerk

be

authorized

to

execute

OAK BROOK

“Corporate Authorization Resolution” with Oak Brook Bank,

BANE:

1400

W.

16th

Street, Oak Brook,

IL 60523,

to

open

a bank

Consent

account for lockbox service for utility bill and vehicle

Agenda

sticker

payments;

said

resolution

reaffirms

the

authority

of

the

Director

of

Finance

and

Assistant

Director

of

Resolution

Finance to sign checks and make investments for the City;

R-24-03

and

further

recommend

to adopt

Resolution

R-24—03,

A

RESOLUTION

AUTHORIZING

THE

EXECUTION

OF

AN

OAK

BROOK

BANK

CORPORATE

AUTHORIZATION

RESOLUTION

FOR

THE

PURPOSE

OF

OPENING

A

BANK

ACCOUNT

AT

OAK

BROOK

BANK.

Motion

declared

carried

as

approved

unanimously

under

Consent

Agenda

LIO, tIC.

Moved

by

Murphy,

seconded

by

Sayad,

to

concur

with

Staff

CHANGE

OF

recommendation to approve Change of

Ownership of Class

OWNERSHIP/

B-1

bulk

Sales

Dealers

Liquor

License

for

property

699 N. WOLF:

located

at

699

N.

Wolf

Road,

d/b/a

ZJ’s

Pantry Plus

&

Consent

Liquors:

contingent

.upon verification

of fingerprints.

Agenda

Motion declared

carried as approved unanimously under

Consent Agenda.

---

rett,b

:sv~,

PARKING

PAD

VARIATIONI

1660 S.

CORA:

Consent

Agenda

BID

AWABDL

A2’~ULANCE

STRETCHERS:

Consent

Agenda

BID

AWAR~L

PRESSURE

WASHER FOR

PUBLIC

WKS.:

Consent

Agenda

~.DVERTX

SING

FOR

BID

consent

Agenda

APPOINTCNT:

Consent

Agenda

ORDINANCE

M—4—03

POLICE

RECORD

515. ADMIN.

(9—1—1)

Consent

Agenda

ORDINANCE

M-5—03

DONATI oN/

SURPLUS

FIRE

EOUIP~NT:

Consent

Agenda

ORDINANCE

14-6-03

RESCIND

INC

ORDINANCE

14—10—02:

Consent

Agenda

ORDINANCE

14-7—03

CITY

CODE

REVISIONS:

Consent

Agenda

Moved

by

Murphy,

seconded

by

Sat,

to

concur

with

Staft

recommendation

to

grant

request

for

Variation

to

Section

4-7—9

of

the

Building

Code

Amendments,

to

permit

construction

of

a

parking

pad,

17’

wide

x

21’

long,

in

the

rear yard adjacent to the alley and detached garage

on property

located

at

1660

‘S.

Cora

Street

(all

new

parking

pads

require

approval

by

the

Building

Code

Committee);

contingent

upon petitioner agreeing not

to

construct

any additional

hard surface

or structures

in

the

rear

yard.

Motion

declared

carried

as

approved

unanimously

under

Consent

Agenda.

-

Moved

by

Murphy,

seconded

by

Sayad,

to

concur

with

Staff

recommendation

to

award

bid

for

Purchase

of

Two

(2)

Ambulance

Stretchers

to

the

single

bidder,

Armstrong

Medical

Industries,

575

Knightsbridge

Parkway,

Lincolnshire,

IL

60069,

in

the

total

bid

amount

of

$5,904/Budgeted

Funds.

Motion

declared

carried

as

approved unanimously under Consent Agenda.

Moved by Murphy,

seconded by Sayad, to concur with Staff

recommendation

to

award

bid

for

Purchase

of

Combination

Cold/Hot/Steam

Pressure

Washer

for

Public

Works

Department

to

the

lowest

responsible

bidder,

Standard

Industrial

&

Automotive,

6211 Church Road,

Hanover Park,

IL

60133,

in their

alternate

bid amount

of

$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,

tern

to

expire

August

31,

2003.

Motion

declared carried

as approved unanimously

under Consent

Agenda.

Moved by Murphy,

seconded by

Sayad,

to adopt Ordinance

M-4-03,

AN ORDINANCE AMENDING TITLE

I “ADMINISTRATIVE,”

OF CHAPTER

15 “POSITION CLASSIFICATION AND COMPENSATION

PLAN,”

SECTION

4

“CLASSIFICATION

PLAN

TO

THE

CITY

SERVICE”

FOR

SCHEDULE V—A

“TECHNICAL,

ENGINEERING

AND

INSPECTION GROUP”

IN THE DES PLAINES CITY CODE.

Motion

declared carried

as

approved unanimously

under Consent

Agenda.

Moved by Murphy,

seconded

by Sayad,

to adopt Ordinance

M-5-03,

AN

ORDINANCE

AUTHORIZING

THE

DONATION

AND

CONVEYANCE OF PERSONAL PROPERTY OWNED BY THE CITY OF DES

PLAINES.

Motion declared carried as approved unanimously

under Consent Agenda.

Moved

by Murphy,

seconded

by

Sayad,

to

adopt Ordinance

M-6-03,

AN

ORDINANCE

RESCINDING

CITY

OF

DES

PLAINES

MUNICIPAL

ORDINANCE

M-lO-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

S

,

to adopt Ordinance-

T’-l-03

T-l-03, AN ORDINANCE

AMENDING TI

X, “TRAFFIC,” CHAPTEF

PARKING

5,

“STOPPING

STANDING

AND

PARKI

~

SECTION

17,

“PARKING

RESTRICTION!

PROHIBITED

IN

DESIGNATED

PLACES”

OF

THE

CITY

OF

DES

FIFTH

AVE.:

PLAINES

CITY

CODE.

Motion

declared

carried

as

approved

consent

unanimously under Consent Agenda.

Agenda

ORDINANCE

Moved by Murphy,

seconded by Sayad,

to

adopt

Ordinance

2-3-03

2-3-03, AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOcI(

CONDfl.

USE!

THE OPERATION OF A CLASS

B RESTAURANT,

LOCATED AT

152E

1526

MINER

MINER

STREET,

DES

PLAINES,

ILLINOIS,

(CASE 03—03—Cu)

Consent

Notion declared carried as approved

unanimously under

Agenda

Consent Agenda.

O~DINANCE

Moved by Beauvais,

seconded by Ch’~istiansen, to advance

T’-3-03

to

Second

Reading

and

adopt

Ordinance

T-3—03,

AN

TRAFFIC

ORDINANCE AMENDING TITLE X, “TRAFFIC” CHAPTER 7, “THROUGH

RESTRICTION!

AND STOP STREETS” SECTIONS

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

14-9-03

M-9-03, AN ORDINANCE AMENDING THE CITY CODE OF THE

CIT’x

DRIVING

OF DES PLAINES, TITLE X, “TRAFFIC” CHAPTER 9, “LICENSES”

RESTRICTIONS:

P0 ADD A NEW

SECTION

9,

TITLED “PENALTY

FOR

DRIVINC

WITHOUT A LICENSE,

OR DRIVING ON A SUSPENDED LICENSE.”

Upon roll call,

the vote was:

AYES:

8—Beauvais, Christiansen, Murphy,

Sayad,

Brookrnan,

Becker, Smith,

Argus

NAYS:

0—None

ABSENT: 0—None

Motion declared carried.

)4AYOR ARBEDTh DECISAREP THAT

THE

CITY

COUNCIL

WAS

Not~

RESOLVED

INTO A COMMITTEE OP THE

WHOLE

rINANCE

~ ADMINISTRATION

—

Alderman Sayad,

Chair

City Attorney Wiltse reviewed the status of the meetings

INSURANCE

that have been held with the Staff and retirees regarding

PREMIUMS!

health

insurance

premiums

for

retired

City

employees;

the

RETIRED

CITY

matter had been postponed on 11/4/02, 11/18/02, 12/16102

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 Aveñu~,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.

0~

---

PAGE

SEVEN

HEALTH

INS.

Alderman Sayad stated that the Sif 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,