HomeMy WebLinkAbout94-100 Resolution No. 94-100
RESOLUTION
AUTHORIZING EXECUTION OF AN ADDENDUM TO AGREEMENT FOR
GRAVEL EXTRACTION AND REHABILITATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an Addendum to Agreement for Gravel Extraction and
Rehabilitation with Road Materials Corporation, amending the
agreement entered into on October 28, 1985, a copy of which is
attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: April 27, 1994
Adopted: April 27, 1994
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ADDENDUM TO AGREEMENT FOR GRAVEL EXTRACTION
AND REHABILITATION
/1 THIS AGREEMENT, made and entered into on this I_ _day of
A rk t L , 1994, by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as the "CITY" )
and ROAD MATERIALS CORPORATION, a Delaware corporation, with
offices in Algonquin, Illinois (hereinafter referred to as
the "Operator" ) ,
WITNESSETH:
WHEREAS, the parties hereto entered into an Agreement for
gravel extraction and rehabilitation which was authorized and
approved by resolution of the City Council of the City on
October 28, 1985; and
WHEREAS, mining operations are expected to be completed
during 1993 and all stockpiles of gravel disposed of during
1994; and
WHEREAS, if a limestone mining operation as proposed by
the Operator is approved, the mining operation and reclamation
plan will facilitate the development of the Elgin Sports
Complex; and
WHEREAS, written application has been made for a
conditional use permit to amend the current zoning for the
property legally described in Exhibit "A" attached hereto and
commonly known as the Elgin Sports Complex (hereinafter
referred to as the "Subject Property" ) to allow for the
temporary mining of limestone in conjunction with site
preparation for the development of the public recreational
open space on the Subject Property; and
WHEREAS, the City Council on May 20, 1993, approved
Ordinance No. G20-93, to allow such conditional use for the
subject proposed mining limestone operation on the Subject
Property.
NOW, THEREFORE, it is hereby agreed by and between the
parties hereto, for and in consideration of the mutual
covenants and promises contained within the original gravel
mining and rehabilitation contract and the mutual promises and
covenants contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged:
1. That this Addendum Agreement is hereby incorporated
into and amends the Agreement for Gravel Extraction and
Rehabilitation authorized and approved by the City Council of
the City on October 28, 1985 .
2 . That the City hereby agrees to permit Operator to
conduct temporary limestone extraction, sales and
rehabilitation on the Subject Property. Operator shall
conduct its temporary limestone extraction, sales and
rehabilitation on the Subject Property according to the terms
of said original gravel mining and rehabilitation agreement
and the terms of this addendum agreement. Where the terms of
said original gravel mining rehabilitation agreement and this
addendum agreement are in conflict, the terms of this addendum
agreement shall control with respect to the temporary
limestone extraction, sales and rehabilitation operations .
3. That the sequence and phasing of limestone
extraction operations and subsequent reclamation plans on the
Subject Property shall conform with the limestone presentation
report that defines the blasting procedures prepared by Road
Materials Corp. , dated March 17 , 1993, and the following
reclamation plans prepared by Burnidge, Cassell and
Associates for Road Materials Corp:
(a) Mining Operation Plan - Option A (Sheet
MP-1A, dated 1/93) .
(b) Mining Operation Plan - Option B (Sheet
MP-1B, dated 1/93) .
(c) Phasing of Overburden Placement (Sheet MP-2,
dated 1/93) .
(d) Final Land Form and Quarry/Staging Area (Sheet
MP-3, dated 1/93) .
(e) Finish Grade Section (Sheet MP-4, dated 1/93) .
( f) Master Site Plan (Sheet MP-5, revised 8/92) .
4 . That trucks shall enter and leave this mining area
via State Route 31 only.
5. That conveyors carrying limestone from the quarry
shall be enclosed where practical .
6 . That the haul road, parking and production equipment
area, stockpiles, and mining area shall be treated with
accepted methods to control dust during all phases of the
mining operation.
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7 . That blasting shall be limited to one sequence per
day, between the hours of 10 : 00 a.m. and noon, Monday through
Friday, using a multiple or rapid fire technique.
8. That the Operator shall submit annual reports to the
Park and Reclamation Board and the City Council describing the
status of the mining operation and reclamation phases .
Operator' s annual reports, including but not limited to the
reclamation phases and plans set forth therein, are subject to
approval by the City Council of the City.
9 . That all revenues accrued by the City of Elgin from
the sale of mine materials shall be deposited in a separate
fund for the use and developing of the Elgin Sports Complex.
10. That prior to commencing limestone mining Operator
shall submit and obtain City approval of a soil erosion and
sedimentation control plan to cover all aspects of the removal
and redistribution of the overburden, and the mining operation.
11 . That the Operator shall submit all water quality
test reports as required by law.
12 . That the temporary mining operation as contemplated
herein shall be conducted in strict conformance with all
Federal, State and local codes and ordinances .
13 . That Operator reserves the right to employ the
services of a secondary operator for mining operations,
provided however, all rules, regulations and requirements of
this agreement shall apply to said secondary operator.
14 . That royalties from Operator to the City of Elgin
will continue at ten percent ( 10%) of the selling price of
limestone, provided however, Operator agrees to pay to the
City a minimum royalty of $75, 000 per year. Operator's
obligation to pay said minimum royalty of $75, 000 per year is
subject to Operator not experiencing unavoidable delays in the
performance of its obligations under this contract.
Unavoidable delays in performance is herein defined to be
delays in the performance of any of contractor' s duties under
this agreement which are not the fault of and not within the
reasonable preventive control of the contractor, namely, fire,
flood, natural disasters, Acts of God, civil disorders, riots
and insurrections . In the event of such unavoidable delay,
the parties hereto agree that the $75,000 annual royalty shall
be prorated and reduced for a period of time equivalent to the
length of the unavoidable delay.
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15 . That in kind services of the Operator to be provided
to the City under this Agreement shall include the moving of
overburden to the areas of the sports complex parks and rough
grading these areas . The total overburden is estimated at 5
million cubic yards . The City shall accept any areas where
overburden has been placed in the rough graded condition as
specified in the Burnidge and Cassell grading plan, Sheet
MP-4, dated 1/93 .
16 . That additional in kind services to be provided by
the Operator to the City under this Agreement shall also
include stripping top soil in the soccer field area only and
stockpiling such stripped top soil in an agreed upon location
for re-spreading by the City at a future date.
17 . That Operator will pay the design fees of
Burnidge, Cassell and Associates to do the grading site
development plans for all affected areas in the Elgin Sports
Complex. The amount paid by the Operator will be credited
against royalties due the City for the temporary limestone
mining.
18 . That the Operator will pay for the removal and
relocation costs for the Northern Illinois Gas line which
bisects the proposed limestone mining area. The amount paid
by the Operator will be credited against royalties due to the
City for the temporary limestone mining.
19 . That it is understood, based upon the best
information currently available to the parties, the operating
area contains adequate limestone deposits to permit operator
to extract sufficient material to equal or exceed the minimum
payment required herein. In the event it is determined by the
parties that there is not such adequate limestone deposits,
the parties agree to negotiate to permit operator to conduct
activities in areas beyond the area defined as the operating
area herein. Nothing herein shall require the City to agree
to any such addition, expansion or extension of the operating
area, provided, in the event that the parties are unable to
agree to an added, or expanded or extended operating area,
Operator shall have the right to terminate this agreement
provided further that upon such termination Operator shall pay
the City all monies due at the time of said termination under
this agreement and shall complete or cause the completion of
all rehabilitation of any areas upon which any operations have
taken place pursuant to the Operator' s annual operating plan
previously approved by the City.
20. That Operator' s right to conduct temporary limestone
mining operation under the terms and conditions set forth
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herein shall commence upon execution of this Agreement and
shall expire on May 31, 2005, provided, however, sales and
reclamation can proceed thereafter until December 31, 2008.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first written above.
ROAD MATERIALS CORP. , CITY OF ELGIN
a Delaware Corporation a Munici al Corporation
16By By 4,� �Z.-c-,' G/,� 6j�7
)14 Georg)VanDeVoorde, Mayor
Attest: Attest:
LCC/-6-14.
Sec tary City Clerk
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EXHIBIT A
That part of Sections 22 , 23, 26 and 27 ,
Township 41 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning
at the Northwest corner of the Northeast quarter of
the Southeast quarter of Section 22, thence
southerly along the West line of said Section 22 for
a distance of 1038. 80 feet to a point; thence
westerly along a line forming an angle of 88 degrees
11 minutes to the right prolongation of the last
described course for a distance of 1843 .60 feet to
the center line of McLean Boulevard (State Aid
Route 18) ; thence southwesterly along said center
line, being a curve to the left for a distance of
574 . 65 feet to a point; thence continuing in a
southwesterly direction along said center line,
being a straight line and tangent to the last
described point, for a distance of 404 . 0 feet to an
angle in said center line; thence southwesterly
along said center line a distance of 367 .51 feet;
thence easterly along a line parallel with the South
line of Section 22 for a distance of 438 . 8 feet;
thence southerly along a line that is perpendicular
to the North line of the Northwest quarter of
Section 27 and the South line of the Southwest
quarter of Section 22 for a distance of 724 . 93 feet;
thence easterly parallel with the South line of the
Northeast quarter of the Northwest quarter of said
Section 27, a distance of 242 . 87 feet to the East
line of the Northwest quarter of said Section 27;
thence easterly parallel with the South line of the
Northwest quarter of the Northeast quarter of said
Section 27 a distance of 343 .2 feet; thence
southerly along a line parallel with the West line
of the Northeast quarter of said Section 27 for a
distance of 891 .0 feet to the South line of the
North half of the Northeast quarter of said
Section 27 ; thence easterly along said South line of
the North half of the Northeast quarter of
Section 27 for a distance of 2293. 9 feet to the East
line of said Northeast quarter of Section 27 ; thence
northerly along said East line of the Northeast
quarter of Section 27 for a distance of 348 .2 feet;
thence easterly along a line that forms an angle of
90 degrees 12 minutes to the right of a prolongation
of the last described course, said line also being
the southerly property line of the Elgin State
Hospital, for a distance of 1900 feet more or less;
thence northerly along a line parallel to and 740
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feet West of the East line of the Northwest quarter
of Section 26 of the Southwest quarter of Section 23
for a distance of 1800 feet more or less; thence
easterly along a line parallel with the South line
of the Southwest quarter of Section 23, for a
distance of 740 feet to the East line of the
Southwest quarter of Section 23; thence northerly
along the East line of said Southwest quarter of
Section 23 for a distance of 1772 feet more or less
to the southerly right-of-way line of the U. S.
Route 20 bypass (Federal Aid Route 6) ; thence
northwesterly along the southerly right-of-way line
of the U.S. Route 20 bypass for a distance of 2643
feet more or less to the West line of Section 23;
thence continuing in a northwesterly direction along
the southerly right-of-way line of said
U.S. Route 20 bypass for a distance of 1329 . 34 feet
to the West line of the Southeast quarter of the
Northeast quarter of Section 22; thence South along
said West line for a distance of 113. 44 feet to the
place of beginning. Being situated in Elgin
Township, Kane County, Illinois, and containing
417 .48 acres more or less .
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•
El ' n
Agenda Item No.
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0A4�e(1-fi�
April 8, 1994
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
SUBJECT: Approval of a Addendum to a Contract
with Road Materials Corporation
PURPOSE
The purpose of this memorandum is to forward to the Mayor and
City Council a request for approval to sign an addendum to a
contract with Road Materials Corporation for extraction of
limestone at the Sports Complex.
BACKGROUND
On May 12, 1993, City Council approved an ordinance granting
a conditional use permit authorizing the mining of limestone
by Road Materials Corporation at the Sports Complex (copy of
approved ordinance attached--item #A) . An agreement was
drafted in conjunction with the City and Mr. William Melahn,
Road Materials Corporation. After considerable discussion,
agreement has been reached and is ready for the appropriate
signatures (copy attached--item #B) .
The addendum to the contract for Gravel Extraction and Reha-
bilitation, allows for Road Materials Corporation to conduct
temporary limestone extraction, sales and rehabilitation at
the Sports Complex. It limits blasting to one sequence per
day between the hours of 10:00 a.m. and noon, Monday through
Friday. All revenues will be used for the development of the
Sports Complex with royalties being set at 10% of the selling
price, and a minimum of $75,000 annually.
Additionally Road Materials Corporation will provide in kind
services of moving overburden to rough grade the Sports Com-
plex's proposed soccer fields and golf course. The contract
will expire on May 31, 2005.
The Parks and Reclamation Task Force and the Parks and Recrea-
tion Advisory Board have endorsed this project.
Approval of Road Materials Corporation Addendum
April 8, 1994
Page 2
FINANCIAL IMPACT
A minimum royalty of $75,000 per year will be received with
in kind services of approximately $1,000,000 worth of work
for initial shaping of the soccer fields .
LEGAL IMPACT
None.
RECOMMENDATION
It is recommended that the Mayor and City Council be author-
ized to execute the contract with Road Materials Corporation
for limestone extraction at the Sports Complex.
Ro ert 0. Mal , Interim City Manager
MINNGCO.NTR/COWMEMOS
r
•
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emk
Ordinance No. G20-93
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR TEMPORARY MINING OF GRAVEL
IN CONJUNCTION WITH SITE PREPARATION FOR THE DEVELOPMENT
OF PUBLIC RECREATIONAL OPEN SPACE
WHEREAS, written application has been made for a CF
Community Facility District conditional use for the temporary
mining of gravel in conjunction with site preparation for the
development of public recreational open space on the property
located on the east side of South McLean Boulevard, south of
U.S. Route 20, commonly known as the Elgin Sports Complex; and
WHEREAS, the Planning and Development Commission conducted
a public hearing after due notice by publication and has
submitted its findings of fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in
the findings and recommendation of the Land Use Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
ow 1. That the City Council of the City of Elgin
hereby adopts the findings of fact made by the Elgin Land Use
Committee, a copy of which is attached hereto and made a part
hereof by reference as Exhibit A.
Section 2. That a conditional use for temporary mining in
conjunction with site preparation for the development of public
recreational open space on the east side of South McLean
Boulevard, south of U.S. Route 20, commonly known as the Elgin
Sports Complex, Elgin, Illinois, legally described as follows:
That part of Sections 22, 23, 26 and 27,
Township 41 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning
at the Northwest corner of the Northeast quarter of
the Southeast quarter of Section 22, thence
southerly along the West line of said Section 22 for
r
VOLUME LVIII MAY 12, 1993 241
a distance of 1038.80 feet to a point; thence
westerly along a line forming an angle of 88 degrees
11 minutes to the right prolongation of the last
described course for a distance of 1843.60 feet to
the center line of McLean Boulevard (State Aid
Route 18) ; thence southwesterly along said center
line, being a curve to the left for a distance of
574 .65 feet to a point; thence continuing in a
southwesterly direction along said center line,
being a straight line and tangent to the last
described point, for a distance of 404. 0 feet to an
angle in said center line; thence southwesterly
along said center line a distance of 367 .51 feet;
thence easterly along a line parallel with the South
line of Section 22 for a distance of 438.8 feet;
thence southerly along a line that is perpendicular
to the North line of the Northwest quarter of
Section 27 and the South line of the Southwest
quarter of Section 22 for a distance of 724 .93 feet;
thence easterly parallel with the South line of the
Northeast quarter of the Northwest quarter of said
Section 27, a distance of 242.87 feet to the East
line of the Northwest quarter of said Section 27;
thence easterly parallel with the South line of the
Northwest quarter of the Northeast quarter of said
Section 27 a distance of 343.2 feet; thence
southerly along a line parallel with the West line
of the Northeast quarter of said Section 27 for a
distance of 891.0 feet to the South line of the
North half of the Northeast quarter of said
Section 27; thence easterly along said South line of
the North half of the Northeast quarter of
Section 27 for a distance of 2293.9 feet to the East
line of said Northeast quarter of Section 27; thence
northerly along said East line of the Northeast
quarter of Section 27 for a distance of 348.2 feet;
thence easterly along a line that forms an angle of
90 degrees 12 minutes to the right of a prolongation
of the last described course, said line also being
the southerly property line of the Elgin State
Hospital, for a distance of 1900 feet more or less;
thence northerly along a line parallel to and 740
feet West of the East line of the Northwest quarter
of Section 26 of the Southwest quarter of Section 23
for a distance of 1800 feet more or less; thence
easterly along a line parallel with the South line
of the Southwest quarter of Section 23, for a
distance of 740 feet to the East line of the
Southwest quarter of Section 23; thence northerly
along the East line of said Southwest quarter of
Section 23 for a distance of 1772 feet more or less
` to the southerly right-of-way line of the U.S.
C Route 20 bypass (Federal Aid Route 6) ; thence
northwesterly along the southerly right-of-way line
of the U.S. Route 20 bypass for a distance of 2643
•
242 MAY 12, 1993 VOLUME LVIII
feet more or less to the West line of Section 23;
thence continuing in a northwesterly direction along
the southerly right-of-way line of said
U.S. Route 20 bypass for a distance of 1329 .34 feet
to the West line of the Southeast quarter of the
Northeast quarter of Section 22; thence South along
said West line for a distance of 113.44 feet to the
place of beginning. Being situated in Elgin
Township, Kane County, Illinois, and containing
417 .48 acres more or less .
be and is hereby granted subject to the following conditions:
1. The mining operation and reclamation phases
shall conform with the Limestone Presentation Report
prepared by Road Materials Corporation, dated
March 17, 1993 and the following mining operation
and reclamation plans prepared by Burnidge Cassell &
Associates for Road Materials Corporation:
a. Mining Operation Plan - Option A (Sheet
MP-1A, dated 1/93) .
b. Mining Operation Plan - Option B (Sheet
MP-1B, dated 1/93) .
c. Phasing of Overburden Placement (Sheet
MP-2, dated 1/93) .
d. Final Landform in Quarry/Staging Area
(Sheet MP-3, dated 1/93) .
e. Finish Grade Sections (Sheet MP-4,
dated 1/93) .
f. Master Site Plan (Sheet MP-5, revised
8/92) .
2 . Gravel trucks shall enter and leave the
mining area via State Route 31 only.
3. Conveyors carrying limestone from the
quarry shall be enclosed where practical.
4. The haul road, parking and production
equipment area, stockpiles, and mining area shall be
treated with accepted methods to control dust during
all phases of the mining operation.
5. Blasting shall be limited to one sequence
per day, between the hours of 10:00 a.m. and noon,
Monday through Friday, using a multiple or rapid
fire technique.
VOLUME LVIII MAY 12, 1993 243
6 . The operator shall submit annual reports to
the Park and Reclamation Board and the City Council
describing the status of the mining operation and
reclamation phases.
7 . All revenues accrued by the City of Elgin
from the sale of mined materials shall be deposited
in a separate fund for use in developing the Elgin
Sports Complex.
8. Submission and approval of a soil erosion
and sedimentation control plan to cover all aspects
of the removal and redistribution of the overburden,
and the mining operation.
9 . Submission of water quality test reports as
required by law.
10 . The temporary mining operation shall be
conducted in strict conformance with all federal,
state and local codes and ordinances .
Section 3. That the conditional use granted herein shall
expire if not established within one year from the date of
passage of this ordinance.
Section 4 . That this ordinance shall be in full force and
effect after its passage in the manner provided bylaw.
s/ GEORGE VANDEVOORDE
George VanDeVoorde, Mayor
Presented: May 12, 1993
Passed: May 12, 1993
Omnibus Vote: Yeas 7 Nays 0
Recorded: May 13, 1993
Published: May 13, 1993
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
C