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7.1. SR 09-19-1994 r I -'\) ( ); !Ii< ITEM 7.1. MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR DATE: SEPTEMBER 6, 1994 sR SUBJECT: CONDITIONAL USE PERMIT REQUEST BY SHIELY COMPANY/ PUBLIC HEARING CASE NO. CU 94-31 ISSUE . The Shiely Company is requesting a Conditional Use Permit for mineral excavation and processing on approximately 200 acres of a 380 acre site. Shiely's property is part of the proposed mineral excavation district. Therefore, an issue associated with this request is the City initiated re- zoning of the mining district to Mineral Excavation Overlay. LOCATION The subject property is 1/4 mile west of Proctor Avenue, on the south side of County Road 33. The legal description of the subject property and a site map is contained in Shiely's attached application. ATTACHMENTS 1. An application provided by Shiely Company, dated August 1994. 2. A recommendation on ground water monitoring from John Lichter of B.A. Liesch and Associates (August 1994). 3. A letter from representatives of Ridgewood to Jonathan Wilmshurst of the Shiely Company, dated June 14, 1994; outlining their concerns. 4. A letter from the Shiely Company to John Kuester, dated July 18, 1994; responding to the Ridgewood letter. . 5. A letter from representatives of Greenhead Acres to the Planning Commission, dated August 15, 1994; outlining their concerns. P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Public Hearing CU 94-31 Continued Page 2 . 6. A conditional use permit containing a resolution for approval of the request. ANALYSIS The narrative and maps contained in Shiely's application give a fair description of their proposed operation. Based on the seven standards for approving a conditional use permit, numerous issues and concerns regarding this proposal arise. Staff facilitated numerous meetings with citizen groups to discuss their concerns. The Planning Commission felt that the stipulations contained in the attached conditional use permit addresses these issues. Reclamation . Shiely's proposal is consistent with the proposed contours in the City's Environmental Impact Statement on mineral excavation. The proposed bottom of the Shiely gravel pit is also within 10 feet of elevation of the proposed bottom of Barton's pit to the east. However, there is a conflict between these two pits. Barton's reclamation plan is in the shape of a bowl, going uphill from the center of their pit, westward to the boundary of Shiely's property. A condition placed on Barton Sand and Gravel was that they modify their reclamation plan once the long range planning for the mineral excavation district was completed. Therefore, the conflict will be resolved by Barton's modification of their plan. Otherwise, Shiely's reclamation plan appears appropriate, at least in general terms. The subject property is currently zoned RIA/Single Family Residential. The proposed contours can accommodate houses and are no steeper than a 4:1 slope. Further, the various options for a future east/west road corridor through this area can be accommodated by Shiely's proposed contours. Traffic . Since the access road to the site is a County road (County Road 33), City staff has been working with the County Engineer. The County Engineer will be developing specific plans and specs regarding the access to the property and an acceleration and by-pass lane. The County will also be considering signage related to this operation, the speed limit on County Road 33, and whether or not the stop sign on County Road 33 and Proctor will remain. ccshiely/council Public Hearing CU 94-31 Continued Page 3 . Staff anticipates Shiely requesting permission to haul existing stock piles of sand this fall, even if the by-pass lane and acceleration lane recommended by the County Engineer are not completed. Staff does not recommend this because of safety concerns. If this were to be allowed, it would be important to consider how many trucks per hour would be hauling out of this area, what time of day they would operate, and take appropriate safety precautions, such as a flagman. Staff feels that the City can rely on the County's expertise to appropriately design the necessary amenities to accommodate this operation. The one unresolved issue is whether or not the County Engineers specifications for an acceleration lane can be accommodated on land owned by the Shiely Company. Dave Schwarting, County Engineer, indicated he felt it could. Staff will update the Council regarding the County's progress on these plans at Monday night's meeting. . Noise State noise levels established by the Minnesota Pollution Control Agency are 65 decibels-day and 55 decibels-night at property line. To put that into perspective, the "Medical and Health Encyclopedia- Volume II': by Richard T. Wagman (copyright 1993), states that 50 decibels is the average household noise level. Sixty decibels is equivalent to normal speech. Having to shout to be heard on your own property in a residential setting is unacceptable. Therefore, staff feels justified setting 55 decibels as the standard on Shiely's west and south property lines, adjacent to the existing neighborhoods. Shiely's have indicated that this is acceptable to them. Hours of Operation . Staff anticipates Shiely's requesting longer hours of operation. Specifically, they would like to keep their wash plant and sales operation open from 6:00 a.m. to 10:00 p.m., Monday through Friday, and 6:00 a.m. to 6:00 p.m., on Saturdays. The hours for mineral excavation are currently limited to avoid noise intrusion to neighborhoods during evening hours. The Shiely site is possibly the most sensitive site in the mining district because of its location ccshiely/council Public Hearing CU 94-31 Continued Page 4 . adjacent to developed areas. Staff feels Shiely should have a history of operation demonstrating that they can control noise to reasonable levels, before extended hours are even considered. The City has made only one exception to the hours of operation for mineral excavation. That exception was the Baurerly pit, off of County Road 21, where they crushed gravel for approximately 10 to 14 days per year. The neighbors were in favor of extended hours to reduce the number of days crushing would take place. RECOMMENDATION The Planning Commission is recommending approval of this request. Attached, is a formal conditional use permit that incorporates the Planning Commission's findings for there recommendation and their recommended conditions on this operation. . . ccshiely/council .1 . . 08/23/94 15:56 ~001 FAX 612 441 2264 SHERBURNE CO HI\'Y . '"Y-'" Sherburne County Jiigliway 'Department P.O. BOX 338 . ELK RIVER, MN55330 . PHONE (612}441-1722 . FAX (612)441-2264 August 23, 1994 Steve Rohlf P.O. Box 490 13065 Orono Parkway Elk River, MN 55330 RE: County Highway 33, Shiely Conditional Use Permit Dear Mr. Rohlf: In response to restricting use of County Highway 33 from use by heavy commercial traffic. The County System of Highways in general is to provide access to residential and commercial traffic. Our road system must function to provide the safest and most economical movement of people, goods and services. Restricting this activity would be reason to restrict other legitimate transportation in many oilier areas oftbe county. The best we can do is to minimi:.e the impact with proven safety design methods already discussed (ie. direct truck traffic directly to TH 169 via County Highway 33, an improved access to County Highway 33, an acceleration lane, proper signing and ongoing monitoring to implement additional safety improvements. Sincerely, of)~~ David R. Schwaning, P.E. County Engineer ATTACHMENT 2 AU6 1 S 1994 ~ - .\ LIi5~CH B.A. LIESCH ASSOCIATES, INC. 13400 15TH AVE. N. MINNEAPOLIS. MN 55441 612/559-1423 FAX: 612/559-2202 GROUNDWATER MONlTORING RECOMMENDATIONS FOR PROPOSED SHIEL Y COMPANY GRAVEL PROCESSING WELL (AUGUST 1994) INTRODUCTION . Shiely Company (Shielyl proposes to expand their sand and gravel mining operation within the Elk River Sand and Gravel Mining District. The proposed expansion will include utilization of an existing Mt. Simon - Hinckley well to provide process water. The existing well (unique well #217977) is currently not in-use, but is permitted by the Minnesota Department of Natural Resources (DNR) as a well for withdrawal of up to 50 million gallons per year (DNR Permit #913086). It is understood that the well will provide a high capacity water supply (more than 10,000 gallons per day or 1 million gallons per year) for the mining operation. Recommendations for monitoring the effect of the high capacity well use on the groundwater resource are provided herein. The proposed monitoring is intended to provide data that can be used to further characterize aquifer response to pumping, provide baseline data and identify and minimize potential impact on residential water supply wells located outside of the mining District. Development and implementation of a groundwater monitoring program was recommended in the Elk River Sand and Gravel Mining District EIS and further recommended by the DNR following their review of the EIS. The monitoring recommended in the following sections includes installation of monitoring wells in the mining district buffer zone, water level monitoring and background water quality monitoring. RECOMMENDED MONITORING WELLS Two monitoring wells are recommended for installation in the mining district buffer zone south and west of the Shiely high capacity well. The recommended wells should be targeted for completion at the approximate depth of the nearby residential wells and thereby monitor the primary groundwater zone used by the residential wells for possible impacts resulting from use of the Shiely well. According to the EIS (Table 3.3-1) most of the residential wells west of the District are completed in the first confined glacial unit which occurs at a general elevation of 860 feet NGVD. The well depths range from approximately 65 to 130 feet. Therefore, a monitoring well installed to approximately the same elevation as these residential wells is recommended for installation west of the pumping well. The attached figure provides a general location for the recommended well. . A monitoring well is also recommended south of the Shiely well. The EIS indicates (Table 3.3-1) that the majority of the residential wells south of the mining district are completed in the Mt. Simon - Hinckley Aquifer at depths of 230 to 400 feet. As such a Mt. Simon - Hinckley monitoring well is recommended for installation near the general location -- "' indicated on the attached figure. . Each of the monitoring wells should be installed on the innermost fringe of the buffer zone nearest to the Shiely well as possible, and be constructed by a licensed well contractor per Minnesota Department of Health (MDH) regulations. In addition each well should be surveyed for the top of casing elevation so that all water levels can be converted to elevation. WATER LEVEL MONITORING RECOMMENDATIONS Water level data, along with accurate pumping rate data, should be collected for documenting the effect of pumping on groundwater levels, and as an aid in identifying the need for, or effectiveness of mitigative measures. Pumping rate information should be collected from the Shiely well. At a minimum water level data should be collected from the Shiely well, the monitoring wells and any other available observation points according to the following schedule: . - immediately prior to initiation of seasonal pumping; - at the pumping well 24 hours after pump start-up; - at all wells I week after initiation of pumping; - monthly at all wells throughout the duration of the pumping season; - immediately prior to seasonal shut - down; - at the pumping well 24 hours after shut - down; - at all wells I week after shut down, and - at all wells I month after shut down. WATER QUALITY MONITORING RECOMMENDATIONS Section 3.3 of the EIS indicates that potential groundwater quality impacts attributable to the mining operations are primarily associated with use of above-ground fuel storage tanks. Implementation of the required spill prevention plans and secondary containment minimizes the potential for groundwater impacts. Should any groundwater impacts from the mining operations, or other unrelated occurrence, occur in the vicinity of the well, it is likely that the impacts would be drawn toward the pumping well. Operation of the Shiely well would, therefore, reduce the potential that impacts would occur in residential wells. Therefore, an extensive water quality monitoring program does not appear warranted. A limited monitoring program, as recommended below, will provide background water quality. Background Monitoring: Sample and analyze the monitoring wells and one or two residential wells each along the western and southern boundaries. The recommended monitoring parameters include MDH volatile organic compounds (VOCs), and diesel range organics (DRO). The monitoring wells should also be tested for general background chemistry parameters including nitrate + nitrite, alkalinity, chloride, sulfate, sodium, potassium and dissolved metals. . ,.L /c . . ,. " , ;;/..... .-/r. ADDITIONAL RECOMMENDATIONS AND CONTINGENCY ACTION Implementation of the recommended monitoring plan will facilitate the establishment and effectiveness of mitigative measures. To the extent possible the monitoring should be coordinated with similar groundwater withdrawal and water level monitoring situations that may be completed by other entities within the mining district. Coordination of such monitoring would provide data to characterize the overall effect of high capacity well use within the district. Monitoring of water levels as recommended could be used to preempt adverse affects on the adjacent residential wells. If significant water level changes are observed in the monitoring wells, changes can be made to the pumping program to protect the residential wells. If welllnterference occurs to the degree that water supply wells become dry the immediate action would likely be to curtail pumping until water levels return and the wells become usable again. In the interim all pumping rate and water elevation data should be reviewed. Plans to continue the use of the pumping well at a reduced rate, or under limited hours, should be initiated and the frequency of water level monitoring at the monitoring wells should be increased to monitor the response to the reduced pumping rates. Such changes in pumping rate and monitroring frequency would likely be reviewed by the DNR under its review of the water appropriation permit. Additional monitoring of pumping wells and monitoring wells may be required at that time. /u/Prj/ENV/64 I 17 /monitor. wp ~---~. D (;r, ,n jJ ."'j j;.. 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J,.,;i;; co: ~II'~: 1.{'1lI IL( ..1 ,I~"""(' In:!J, Soil ~l '/ ' F: L; ..,);"'6- )~tl~J ____~ . I , ___ _~_._L.-.e;L.....~_.___.._._ \:-) .'.) \1 /./" .;,:;;,:" ___J .+ . -- .1--. " ~.' ~ ....,,--.--. ~ L 2J G) C ;0 f'l ~ tH I ;s::m OX on -m ;!!:o m"ll 0.... )>om cO ",'" c:O wO ....;s:: ~m <D(i; <D .. . (03) The operator shall orally notify the City of any violations of this Conditional Use Permit within 24 hours and follow this with notification in writing within four (4) .working days of the violation. The operator shall notify the City annually in writing of the total area and amount of material mined and projected estimates of area and amount of material to be mined in the following year. This is to be done at time of license renewal. (04) The license must be renewed annually and shall run from January 1st through December 31st, The annual license fee is that which is specified by City Code at time of renewal. This license fee is not in lieu of gravel tax collected by the County and a portion of which the City receives. . (OS) Violations of this Conditional Use Permit may result in suspension or revocation. (06) The City Building and Zoning Administrator and/or his/her agents shall be permitted to inspect the operation for compliance with the conditions of this Conditional Use Permit during normal hours of operation. (07) The City'S approval of this Conditional Use Permit is subject to the approval of appropriate permits by other governmental agencies. (08) No explosives shall be allowed for this operation. (09) The entire active area of the site shall be fenced with a four foot high fence and warning signs with notice of the inherent dangers of the operation shall be erected every 100 feet. (10) All vegetation on the subject property, outside of the fenced active area, shall remain in its natural state until mining operations are concluded on the entire parcel, with the exception of disease control. Vegetation in SUbsequent phases shall also remain undisturbed until the preceding phase is concluded. (11) Reclamation. a. Reclamation shall be implemented on an annual basis pursuant to the reclamation plans submitted by the operator. b. Each year a plan for that year's reclamation shall be approved by the Building and Zoning Administrator prior to issuance of the annual Mineral Excavation License. . 3. . 'd 10:01 .661 'SI'60 S9Z~96a-ZI9 H3~90Hll ^l~O H~W"OH HI~~~l wo~, . A $5,000 letter of credit, bond or other deposit approved by staff shall be required prior to the issuance of the annual license to cover the forth coming year's reclamation. d. The annual reclamation plan shall include planting an average of 50 seedling trees per acre. Some areas may have no trees and staff may require a greater than average number on other areas, if conditions warrant. c. e. Reclamation shall include topsoil from the site being preserved and put back into place after mining. f. The vegetation established for reclamation must be maintained until it is self-sufficient. g. Contours, finished grades, details of erosion control methods, and settling ponds, shall comply with the plans submitted and the City Ordinance at the time of reclamation. (12) Groundwater protection measures shall include: a. Extraction and crushing operations shall be maintained at a minimum of 40 feet above the water table. Approval to excavate deeper shall require an amendment to this Conditional Use Permit. . b. The operator shall file with the City an emergency spill response plan. The operator shall adhere to this plan in the event there is a spill. c. The operator shall provide the Fire Department with a copy of their hazardous materials list. d. Fuel tanks shall be above ground, properly diked and permitted by MPCA, the Fire Marshall and the City. e. All instances that have the potential to adversely affect groundwater, including, but not limited to spills, shall be verbally reported to the City within 24 hours. This verbal notification shall be followed up in writing within four (4) working days. f. Appropriate Water Appropriation Permit(s) from the Department of Natural Resources (DNR) must be obtained. . 4. S 'd 10 '01 t661 'SI'60 s9~t96a-~19 H3~90HIl ^l~O H~WddOH HI~~~l WO~d . Groundwater monitoring wells shall be installed in locations and depths as recommended by the City's consultant. Water level monitoring and water quality monitoring shall be conducted pursuant to the consultant's recommendations. A description of the monitoring system shall be submitted to the City for approval fourteen (14) days prior to construction. The monitoring system shall be complete prior to commencing mining activities. h. Water usage by mining activities shall not adversely affect adjacent residential wells. Mitigation measures may include, but are not limited to, curtailing of pumping activities until water levels return. g. i. If it is proven by the City or the DNR, that the mining activities have had a negative affect on adjacent wells that will require remedial actions, it is the responsibility of the Shiely Company to take the remedial action within thirty (30) days necessary to correct the situation and pay for both the remedial action and the City's cost for investigation. Routine vehicle maintenance shall be performed in a shop or on a conorete slab. The shop shall be equipped with a flammable waste trap. All floor drains in the shop will be required to drain to holding tanks and treated at an appropriate facility, not a septic system. A hazardous waste lioense through MPCA will be required. All waste fluids will be oontained, oleaned up, and recyoled or disposed of according to appropriate MPCA regulations. Leaks from emergenoy repairs down in the field will be oonsidered a spill. j . . k. Shiely shall conduct background water quality testing prior to the commencement of mining operations (pursuant to John Liohter's recommendation) . (13) Wetlands. a. The wetland proposed to be eliminated by mining aotivities in Phase II (or any wetland proposed to be impaoted), must be reviewed under the oriteria of the Wetland Conservation Aot, reoeive approvals from all appropriate governmental agenoies, and be mitigated at a ratio of at least 2:1, prior to the commencement of mining aotivities in that phase. If all . 9 . d 5, ~0:01 1>661',1'60 ,9~~968-~19 H3~8aHI' ^'~a H~W~~OH HI~~~' wa~~ approvals needed to eliminate this wetland cannot be obtained, the wetland must be avoided. . b. All storm water associated with mining activities must receive pre-treatment (where necessary) prior to release to natural wetlands or off-site. c. Best management practices will be used to protect natural wetlands. d. Mining activities shall be adjusted as necessary to avoid negative affects on wetlands, including a decrease in water levels. (14) Oakwilt Control. a. No trees will be cut from April 15th through July 15th. b. All stumps must be removed prior to April 15th that are within 100 feet of trees not cut. c. Appropriate actions must be taken when cutting trees to avoid mechanical damage to trees that are to remain. d. No roots from trees that are to remain shall be left exposed. Appropriate measures shall be taken to avoid bark beetles from over wintering in wood from trees that are removed. . e. f. Shiely will control Oakwilt on their entire site as required by the City and County Forester. (15) Dust Control. a. A permit from MPCA regarding air emissions shall be obtained and particulate emission standards shall be met by the operation. b. All equipment shall be located as to reduce dust to adjacent residential properties. c. Water, but no chemical agents shall be used to control dust as necessary. d. The City reserves the right to require additional measures to be taken if warranted by dust problems including, but not limited to, reducing stock pile heights. . 6. I. . d ~0 '01 H61'Sl '60 S9Z~968-Z19 N3~90NI' ^'~O N~N..ON NI~~~' NO~. . e. The first 100 feet of the access road prior to County Road 33 shall be paved to minimize dust. (16) Traffic. a. All traffic associated with the operation shall only use County Road 33 back and forth to U.S. Highway 169. Except for localized jObs, no traffic from this operation shall use Proctor Avenue or County Road 33 to the west of the site. A map shall be prepared by City staff that defines localized jobs. Shiely shall post notice of these requirements at the exit from their site. Failure to control traffic from this operation shall constitute a violation of this Conditional Use Permit. . d. b. An acceleration and by-pass land shall be constructed at Shiely'S expense and on right-of- way they dedicate to Sherburne County pursuant to the specifications of the Sherburne County Engineer, prior to hauling activities conunencing. c. The location of the access to the site shall be determined by the Sherburne County Engineer. An access permit from Sherburne County may be required of the operator. The operator Shall reimburse Sherburne County for abnormal wear on (damage caused by other than traffic flow that the road was designed to handle) haul roads that is caused by the operation. (17) The berm along County Road 33 identified in the operator's plans, shall be constructed to act as a visual screen of the operation. This berm shall be built and landscaped within the first year of the mines operation according to a landscaped plan approved by staff. (18) Wash water used in the operation shall be recycled in a two pond system allowing for sedimentation. (19) Noise. a. Noise from screening and crushing associated with this operation shall be controlled by location on the site, the placement of stockpiles, type of equipment and ultimately by placing them in soundproof buildings, if necessary as determined by staff. . 7. a . d ~0'01 1'661',1'60 ,9~~96a-~19 N3~aON[1 "l~O N~N"ON N[~~~l NO~, . Microwave back-up alarms or equivalent alternative technology shall be used as determined necessary by staff. A turnaround will be provided within the pit so that trucks not equipped with microwave back-up alarms will not need to back-up. d. Fifty-five (55) decibels at the site's west and south property lines is the noise level standard that shall be adhered to at all times by the operator. c. b. (20) Hours of Operation. All mineral excavation and processing activities shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Increased hours shall require an amendment to this Conditional Use Permit and cannot be requested the first year of this Conditional Use Permit. . (21) Lighting. Lighting from the operation shall be directed away from public right-of-way and nearby or adjacent residential property. Glare, whether directed or reflected as different from general illumination, shall not be visible from beyond the limits of the immediate site. All sources of artificial lights shall be so fixed, directed, designed, or sized, that the minimum subtotal of their illumination shall not increase the level of the illumination on any nearby residential property for more than .1 foot candles in or within 25 feet of a dwelling or more than .5 foot candles on any part of the property. (22) The piling, storing or keeping of old machinery, junk, debris, or abandoned motor vehicles, shall be prohibited on the site. (23) Mining activities shall not cause excessive vibration off-site. (24) Mechanism for responding to complaints. a. Representatives of the Shiely Company shall make themselves available to address complaints. A plan to deal with the complaint shall be developed and implemented. Shiely will also follow-up with the complainant and all appropriate documents copied to the City within one (1) week. . a. . . d '0'01 ...I'SI'.0 S9~~968-~19 H3~9aHl' o'~a H~W"OH Hl~~~' WO~, . City staff will facilitate meetings between representatives of the Ridgewood and Greenhead neighborhoods and Shiely to discuss issues on 6/1/95, 8/1/95 and 10/1/95. Shiely will facilitate future meetings as necessary, but these meetings will be held a minimum of twice a year on March 1st and August 1st. The City will be involved in these future meetings only if requested by either party. (25) Approval of this Conditional Use Permit is subject to the site being rezoned to ME/Mineral Excavation Overlay District. b. 4.) General Provisions - . (01) Permits - Operator agrees to comply with all of the provisions hereof and agrees to save and hold the City harmless from any and all claims or actions arising from the operations of the Operator on the Property. (02) Bindina Effect - The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be deemed covenants running with the land. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees, if any, shall be paid by the Operator. (03) Severable - In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (04) Waiver - Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (05) Notices - All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Elk River Attn: City AC."l..l..Lrabor 720 Dodge Avenue N.W. Elk River, Minnesota 55330 . 9. 0l'd S0 '01 1>661'SI '60 S9Z.968-ZI9 H3~eaHI' ^'~a H~W;;OH HI~~~' wa~; . . . 11 . d If to the Operator at: Shiely Company Attn: 2915 Waters Road, Suite 105 Eagan, Minnesota 55121 (06) Incorporation bv Reference - All plans, special provisions, proposals and specifications, submitted pursuant to this AGreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. IN WITNESS WHEREOF, the City and Operator have caused this Agreement to be duly executed on the day and year first above written. CITY OF ELK RIVER By: Its: Mayor By: Its: City Administrator OPERATOR: SHIELY COMPANY By: By: STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1994, by Henry A. Duitsman, the Mayor of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 10. S0 '01 l>661'SI'60 .9~.968-~19 N3~90NI' h'~O N~W..OH NI~~~' WO~. . . . <: l' d . STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1994, by Patrick D. Klaers, the City Administrator of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1994, by , the of Shiely Company, a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1994, by , the of Shiely Company, a Minnesota corporation, on behalf of the corporation. Notary Public PKB:JH9s 11. 90 '01 H61'Sl '60 S9<:~96a-<:19 N3~90Nll ^l~O N~W..OH NI~~~l NO~.