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CCR1990039COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #39-90 APPROVAL OF AGREEMENT BETWEEN DYER/BARRETT PROPERTIES AND THE CITY OF MUSKEG0 WHEREAS, Dyer/Barrett Properties have petitioned to extract clay on the property described as Parcel 2 of C.S.M. /I4347 being a redivision of Parcel 1 of C.S.M. h3207 and lands in the W1/2 of the E1/4 of Section 19, T5N, R20E, City of Muskego, and WHEREAS, the Plan Commission has reviewed the request and has recommended approval with the following conditions: 1. Hours of operation shall be from 7:OO a.m. to 5:OO p.m. - 6 days a week. 2. Submittal of a $25,000.00 financial guarantee for road restoration. 0 3. Submittal of a $2,000.00 financial guarantee for top soil restoration. 4. Preventative measures taken to insure that the pond will not become a health hazard according to the Waukesha County Health Department through stagnation. 5. Short term and long term erosion controls to be provided. 6. Trucks to use the shortest route to County Hwy. 'L'. 7. The site to be completely restored by July 1, 1990. WHEREAS, the Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Committee, does hereby approve this agreement between City of Muskego, upon the recommendation of the Finance extraction in the NE 1/4 of Section 19 contingent on the Dyer/Barrett Properties and the City of Muskego for clay conditions listed above. 0 Page 2 Resolution #39-90 BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to sign the necessary documents in the name of the City. BE IT FURTHER RESOLVED that this resolution shall only be effective after being executed by all the parties within 30 days of today's date. If not executed by all parties within 30 days it shall be null and void. DATED THIS 13th DAY OF February , 1990. FINANCE COMMITTEE Ald. Edwin P. Dumke ATTEST : City Clerk Ald. Daniel J. Hilt Ald. Harold L. Sanders 0 BARRETT PROPERTIES, INC. By : CITY OF MUSKEG0 By : Wayne G. Salentine, Mayor Jean K. Marenda, Clerk