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CCR1991124AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #124-91 APPROVAL OF AGREEMENT BETWEEN DYER/BARRETT PROPERTIES AND THE CITY OF MUSKEGO WHEREAS, Dyer/Barrett Properties have petitioned to extract clay on the property described as Parcel 2 of CSM #4347 being a redivision of Parcel 1 of CSM #3207 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. 2. 3. 4. 5. 6. 7. 8. Hours of operation shall be from 7:OO AM to 5:OO PM six days a week; Submittal of a $25,000.00 financial guarantee for road restoration; Submittal of a $2,000.00 financial guarantee for top soil restoration; That the pond shall be constructed in accordance with the design plan submitted November 6, 1989 which is intended to permit water drainage sufficient to prevent pond stagnation; That erosion controls be provided as per the submitted pond design on November 6, 1989; That trucks are to travel directly North to County Highway "L" when exiting the site; That the site shall be completely restored as per the November 6, 1989 pond design plan by September 15, 1991; and That all applicable requirements of Section 17.6.07 of the City's Zoning Ordinance shall be met. WHEREAS, the Finance Committee has recommended approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve this Agreement between Dyer/Barrett Properties and the City of Muskego for clay extraction in the NE 1/4 of Section 19 contingent on the conditions listed above subject to City Attorney review. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to sign the necessary documents in the name of the City. Resolution #124-91 Page 2 0 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 14TH DAY OF MAY , 1991. FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders ATTEST : City Clerk 0 5/91cac TRUCKING & LEASING, INC. BY CITY OF MUSKEGO BY Wayne G. Salentine, Mayor Jean K. Marenda, Clerk