On the agenda: Sherburne County meeting — data center (Feb 19)

Sherburne County Board of Commissioners
February 19, 2019 - County Board Meeting Agenda
1.

9:00am Call to Order
•
•

2.

Moment of Silence and Pledge of Allegiance
Approval of Regular Meeting Proposed Agenda

9:01am Consent Agenda
1. Review and Approve Minutes: February 5, 2019 - County Board Meeting
2. County EDA Appointment

Administration

3. Approve Contracts with Wiley Law Office

Administration

4. Monthly Auditor-Treasurer report for January 2019

Auditor/Treasurer

5. Commissioner & Manual Warrants

Auditor/Treasurer

6. 01-31-19 HHS OBO Warrant

HHS

7. HHS IFS COMM Sue 2-7-19

HHS

8. Approve SRF Consulting Group, Inc. Proposal for Engineering Services Public Works

- CSAH 1 at Hwy 10
9. Approve transfer from the Unallocated Recorders Compliance Fund

Recorder

10. Accept a donation from The Eddy Family Foundation to the Sheriff's

Sheriff

Office Reserve Unit
11. Accept a donation from The Eddy Family Foundation to the Sheriff's

Sheriff

Office
12. Accept a donation from The Eddy Family Foundation to the Sheriff's

Sheriff

Office Mounted Patrol Unit
13. Approve IT Service Agreement between Sheriff's Office and the City

Sheriff

of Big Lake
14. Approve Findings of Fact for Denial of IUP request for a Medium

Zoning

Contractor's Yard by LJS Trucking, Inc.
15. Car Seat Recycling

Zoning

16. Civic Betterment Club SCORE Grant Agreement

Zoning

17. ReCollect Recycling Search Tool Agreement

Zoning

3.

9:03am Announcements

4.

9:05 am Tri-County and Pope/Douglas

Dave Lucas: Zoning
5.

9:10 am 2019 SCORE Budget

Dave Lucas, Solid Waste Administrator: Zoning
6.

9:15 am MOA for the Rum River One Watershed One Plan

Dan Cibulka: Administration
7.

9:20 am Contract Amendment for A&M Business Interior Services

Steve Taylor/Sue Raiche: Administration
8.

9:25 am School District Tax Abatement

Steve Taylor: Administration
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9.
10.

9:30 am Recess Regular Meeting, Open Ditch Authority Meeting
DA- 1. Ditch Authority Meeting

Diane Arnold: Auditor/Treasurer
11.

9:45 am Adjourn Ditch Authority Meeting, Reconvene Regular Meeting

12.

9:46 am Commissioner Correspondence, Committee Reports, Upcoming Meetings, Future

Agenda Items
(January 6th – January 18, 2019)
13.

9:50 am Adjourn Regular Meeting

Upcoming Meetings
February 21, 2019 – EDA Meeting, TBD, Elk River City Hall
March 2-6, 2019 – NACo Legislative Conference – Washington, D.C.
March 12, 2019 – County Board Meeting, 9:00am, Emergency Operations Center Room
March 21, 2019 – EDA Meeting, TBD, Elk River City Hall

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Sherburne County Board of Commissioners
February 5, 2019 - County Board Meeting Minutes
1.

9:00am Call to Order

The Sherburne County Board of Commissioners convened in regular session on February 5, 2019, at the
Sherburne County Government Center in the City of Elk River, MN. Call to order by Vice-Chair Schmiesing was
at 9:00am. Commissioner Dolan was absent. Administrator Steve Taylor, requested an item be added to the
agenda titled Final Review of Board Room. Vice-Chair agreed to add the item as agenda item #12a and
Commissioner Correspondence being renamed as 12b. Fobbe/Danielowski unanimous to approve the agenda
as adjusted.
2.

9:02am Consent Agenda

Burandt/Fobbe unanimous to approve Consent Agenda as presented
1. Approved Minutes: January 22, 2019 - County Board Meeting
2. MN Lawful Gambling Application for Exempt Permit

Administration

Approved the MN Lawful Gambling Application for Exempt Permit for City of
Big Lake Firefighters Relief Association to be used for a Raffle on August 3, 2019
at the Big Lake Fire Department, 20243 County Road 43, Big Lake, MN 55309
(Big Lake Township).
3. MN Lawful Gambling Application to Conduct Excluded Bingo

Administration

Approved the MN Lawful Gambling Application to Conduct Excluded Bingo for
Travelers Country Club on the Mississippi located at 11290 80th Ave SE, Clear
Lake, MN 55319. The bingo events will take place on 5/25/19, 6/29/19,
7/27/19, and 8/31/19.
4. Initiative Foundation Grant Acceptance

Administration

Approved the receipt of $2,500 grant from the Initiative Foundation.
5. Approve Donation to Clear Lake Township

Administration

Approved the donation of the old Dais in the County Boardroom to Clear Lake
Township.
6. Consideration of 2019 Non-Union Compensation

Administration

Approved the 2019 Compensation Plan, which includes a 2.5% range
adjustment and revised 2019 Pay for Performance Compensation Plan
effective January 1, 2019 for non‐union employees.
7. EDA Revolving Loan Fund

Administration

Approved the authorization to issue $50,000 to the Sherburne County EDA to
be utilized exclusively for the Revolving Loan Fund (RLF) Program.
8. Approval of Collective Bargaining Agreement with Law Enforcement

Administration

Labor Services Patrol/Investigator Unit
Approved the Collective Bargaining Agreement with LELS Patrol/Investigator
Unit for the term of January 1, 2019 through December 31, 2021 as
recommended by the Negotiating Committee and authorized the Chair to
execute the contract.
9. Acceptance of Donation

Sherburne County Board Meeting Minutes February 5th, 2019
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Attorney

Accepted the donation of a print by Jane Frumen entitled "Minnesota State
Flower The Lady Slipper" from Kathleen Heaney.
10. Del-Tone Luth Gun Club set-up permit

Auditor/Treasurer

Approved Consumption and Display Permit for Del-tone /Luth Gun Club and
authorized Auditor/Treasurer’s signature on the renewal application. License
period of April 1st, 2019 - March 31st, 2020.
11. Ratify 2018 year end transfers from General Fund to County Ditch

Auditor/Treasurer

Fund
Approved to Ratify Transfers from the General Fund to the following County
Ditch accounts totaling $21,548.10 to cover 2018 Yearend deficit balances as
allowed by statute MS103E.655, Subd 2.
Ditch # 6 $1,194.04
Ditch # 15 $5,737.40
Ditch # 23 $ 176.67
Ditch # 28 $1,600.32
Ditch # 30 $12,839.67
The transfers were made on December 31, 2018.
12. Manual & Commissioner Warrants

Auditor/Treasurer

Accepted payment of Manual & Commissioner Warrants as follows:
January 25, 2018 Manual Warrants $1,165,228.07
January 25, 2019 Commissioner Warrants $1,145,982.91
January 18, 2019 Commissioner Warrants $1,046,995.56
January 16, 2019 Manual Warrants-Capital Project $865,652.61
January 18, 2019 Manual Warrants $301,576.87
13. HHS Warrants 1-17-19

HHS

Accepted payment of HHS Warrants as follows:
IFS HHS Admin Deb 11719 $84,535.22
14. STAY Award

HHS

Approved the acceptance of the Successful Transition to Adulthood for Youth
(STAY) 2019 award in the amount of $8,000.
15. Central Minnesota Council on Aging

HHS

Approved the Central Minnesota Council on Aging contract in the amount of
$4,054. The contract term is January 1, 2019 through December 31, 2019. This
has been reviewed and approved by the County Attorney.
16. Rivers of Hope Grant

HHS

Approved the Grant Agreement with Rivers of Hope in the amount of
$15,652.00. The term of the agreement is January 1, 2019 through December
31, 2019. This has been reviewed and approved by the County Attorney.
17. Central Minnesota Sexual Assault Center

HHS

Approved the Grant Agreement with Central Minnesota Sexual Assault Center
in the amount of $5,500. The term of the agreement is January 1, 2019 through
December 31, 2019. Contract has been reviewed and approved by the County
Attorney.
18. ARMHS Recertification for Hope Community Support Program

HHS

Approved the recertification of Hope Community Support Program as an Adult
Rehabilitative Mental Health Services (ARMHS) provider.
19. United Way 2-1-1

Sherburne County Board Meeting Minutes February 5th, 2019
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HHS

Approved the Grant Agreement with United Way 211 in the amount of
$2471.00. The term of the grant is January 1, 2019 through December 31,
2019. This has been reviewed and approved by the County Attorney.
20. Resolution for a State Transportation Fund Grant Agreement for the

Public Works

replacement of Bridge #71503
Approved the Resolution 020519-AD-1880 for a State Transportation Fund
Grant Agreement thru the Local Bridge Replacement Program (Bridge Bonds)
between Sherburne County and the Minnesota Department of Transportation
for the replacement of Bridge #71503 in the amount of $427,347.00.
21. Approve extended medical leave for a Sheriff/Jail employee

Sheriff

Approved an extended medical leave for a Sheriff/Jail employee through June
30, 2019, or sooner contingent upon additional medical information.
3.

9:03am Announcements
No announcements were made.

4.

9:04am Open Forum
Elk River resident, Kathie Ziebarth was present to comment on agenda item #9 involving LJS Trucking, Inc.

5.

9:06 am Approve Quit Claim Deed on CSAH 4 Right of Way

Andrew Witter: Public Works
Fobbe/Burandt unanimous to approve and sign the quit claim deed to clear title on CSAH 4 Right of Way.
6.

9:10 am Public Hearing-amendments to the Dangerous Dog Ordinance

Jennifer Pim; Kathleen Heaney: Attorney
A public hearing was held for consideration of the proposed amendments to the Dangerous Dog Ordinance
and revoke earlier version of the ordinance. There was no public comment. Fobbe/Burandt were unanimous
to approve the amended dangerous dog ordinance and revoked all prior dangerous dog ordinances;
authorized the chair to sign the ordinance; directed publication of the proposed ordinance by the County
Administrator's Office in the legal newspaper for the County; directed the filing of the affidavit of publication
and the original ordinance with the Sherburne County Auditor/Treasurer's Office and to place the newly
adopted version on the County web site.
7.

9:14 am ANDREW P. AND JOLENE R. THELEN - C.U.P.

Nancy Riddle: Zoning
Danielowski/Fobbe unanimous to approve the request for a Conditional Use Permit (CUP) for a Riding Stable
and Horse Boarding Facility PID # 10-302-1200 Property address: 20395 Co Rd 73 NW, Big Lake MN Legal Desc:
Th SE1/4 of NW1/4 (full legal on file) Sec 2, Twp 33, Rge 28 Big Lake Township 34.24 acres Located in the
General Rural District with the following Findings of Fact and the thirteen (13) conditions as recommended
by the Planning Advisory Commission:
Findings of Fact: 1. That the Conditional Use will not be injurious to the use and enjoyment of other property
in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property
values within the immediate vicinity. The C.U.P. will not be injurious, the activity is not something that is going
to upset anyone's ability to live in their home or outside of their home. Department Zoning Presenter Nancy
Riddle 2. That the establishment of the Conditional Use will not impede the normal and orderly development
and improvement of surrounding vacant property for uses predominant in the area. Do not believe it will
impede because the facility will have the proper setbacks, they won't impede anyone's access to their land
and it should not affect the neighboring parcels. 3. That adequate utilities, access roads, drainage and other
necessary facilities have been or are being provided. The site plan is all laid out for placement and location
and the purpose and use have all been addressed. 4. That adequate measures have been or will be taken to
provide sufficient off-street parking and loading space to serve the proposed use. Adequate measures have
been addressed. 5. That adequate measures have been or will be taken to prevent or control offensive odor,
fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs
and other lights in such a manner that no disturbance to neighboring properties will result. Aubol asked
Thelen if they will have lighting in the outdoor arena. Thelen replied no, not at this time. The only lighting will
Sherburne County Board Meeting Minutes February 5th, 2019
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be indoors and over the outdoor access doors like any home would have. Commissioners are satisfied with
the 25 vehicles per day entering the property and that adequate measures have been taken to prevent or
control any nuisances.
1. A maximum of 30 horses will be located on this property including property owner's own horses.
2. A maximum of 8 horse trailer parking spaces may be rented for outdoor storage. Trailers may not be located
so as visible from County Road.
3. Pursuant to the Sherburne County Solid Waste Ordinance, Section 19.10 "Animal manure shall be classified
as a solid waste when they are accumulated, stored or stockpiled on the ground surface . . . within 200 ft of a
residence located on neighboring property." Therefore, any manure stock pile(s) must be located at least 200
ft from any neighboring residences. The Manure Management Plan (date stamped Dec 20, 2018) must be
followed (plan is attached). Must follow MN Pollution Control Agency – Manure Stockpiling –Technical
Guidelines Fact Sheet #8.06. Must also follow University of MN Extension – Managing and Composting
Manure Fact Sheet. Pasture areas must be fenced around wetlands areas so that horses cannot access open
water on site. Shall maintain compliance with MN Rules Chapter 7020 – Feedlot rules and County ordinances.
Bedding and manure shall be composted in accordance with manure management plan dated December 20,
2018 and to minimize the impact to the pasture area.
4. The stall barn, riding arenas, and manure storage/compost site shall maintain required setbacks as depicted
on Site Plan dated January 8, 2019. Manure storage/compost site and stall barn must be located at least 300
feet from wetland and at least 200 feet from any residence.
5. Compost pad must have concrete under it and concrete sides. It must be covered with a tarp to control
moisture. It must be sloped toward the back to ensure containment and prevent spillage. Upon construction
of the compost pad there will be a six-month review of its effectiveness to properly mitigate against odors
and other nuisances.
6. Animal mortality will be addressed off site. No animals may be buried on site in accordance with the
Sherburne County Solid Waste Ordinance, as amended.
7. No events larger than 20 people is allowed. If in the future HOPE Stables would like to hold an event larger
than 20 people, they would need to apply for an Occasional Special Event – Interim Use Permit and go through
the County's approval process.
8. All persons riding horses from this property must trail ride on this property.
9. Facility hours will be 24 hours.
10. Must meet all parking and loading regulations as listed in the Sherburne County Zoning Ordinance, Section
17, Subdivision 2.
11. Building must meet commercial building code and accessibility code standards. Architectural plans must
be submitted, and occupancy levels determined.
12. The property owner shall permit the County to inspect the property during normal business hours.
13. Must meet all federal, state and local regulations.
8.

9:18 am INDEPENDENT SCHOOL DISTRICT 727 - I.U.P.

NANCY RIDDLE: Zoning
Danielowski/Burandt unanimous to approve the request for an Interim Use Permit by Amending the
conditions of the existing I.U.P. # 56040 (Document #838676) for a Recreational Activity (Recreational Athletic
Fields for use by the Big Lake 727 School District PID # 10-120-1100 Legal Description: NE1/4 of NE1/4 (full
legal on file) Sec 20, Twp 33, Rge 27 Big Lake Township 40 acres General Rural District with the following
Findings of Fact and the eight (8) conditions as recommended by the Planning Advisory Commission.
Findings of Fact: 1. That the Interim Use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property
values within the immediate vicinity. The use of the land fits the purpose of the school, and it went from being
an Ag field to an athletic field so there is no impact to the neighboring residential properties. Department
Zoning Presenter NANCY RIDDLE Funding Total 0.00 2. That the establishment of the Interim Use will not
impede the normal and orderly development and improvement of surrounding vacant property for uses
predominant in the area. All the surrounding properties are agricultural, and it will not upset any development
of any kind. 3. That adequate utilities, access roads, drainage and other necessary facilities have been or are
being provided. Yes, they are definitely part of the plan. 4. That adequate measures have been or will be taken
to provide sufficient off-street parking and loading space to serve the proposed use. Yes, they are certainly
being provided for in the plan. 5. That adequate measures have been or will be taken to prevent or control
offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to

Sherburne County Board Meeting Minutes February 5th, 2019
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control lighted signs and other lights in such a manner that no disturbance to neighboring properties will
result. Adequate measures have been taken care of and should not be an issue.
1. All access to property must be from the west through the existing school parking lot access. No access will
be permitted from the north to 205th Ave NW. A barrier must be in place, so the public does not exit events
though the east field roads that access 205th.
2. No wetland fill is permitted.
3. Excessive noise, glare, odors, traffic or other nuisances may be justification for the County to revoke or
modify the terms of the IUP.
4. The IUP holder and/or property owner shall permit the County to inspect the property during normal
working hours.
5. Adequate restroom provisions and garbage pickup services shall be provided by the school district.
6. The improvements identified in the 12/17/2018 civil plans prepared by Larson Engineering, Inc (e.g.
bituminous pavement of the parking and driveway, curbing, 4-foot chain link fence on the south side of the
parking lot, all parking and information signs) are installed and maintained.
7. No lighting allowed.
8. The use of a portable public-address system may be used during daylight hours (dawn until dusk) for one
event each month. Each event may last up to three (3) consecutive days. These events need to be District
sponsored and ran.
9.

9:20 am LJS TRUCKING INC: (Property owners are Leon and Julie Slattery) - I.U.P.

NANCY RIDDLE: Zoning
Danielowski/Fobbe unanimous to deny an Interim Use Permit for a Medium Contractor's Yard Property
address: 22665 Co Rd 15 NW, Elk River, MN PID # 10-522-0105 Legal Description: Tract A Registered Land
Survey No 26 Sec 3, Twp 33, Rge 27 Big Lake Township 14.79 acres General Rural District with the Findings of
Fact as recommended by the Planning Advisory Commission and that the township road used for access to
the property under spring weight restrictions is a 5 ton road and inadequate to accommodate the proposed
trucking operations. A resolution will be brought back to the board on February 19, 2019 entailing further
detail of the county road being a 9-ton road with weight restrictions of 5-tons for final signing.
10.

9:30 am KERRY P. KRAUS: (Property owners are Kerry P and Rhonda Kraus) - I.U.P.

NANCY RIDDLE: Zoning
Fobbe/Burandt to approve, with a 3-1 vote, an Interim Use Permit for a Home Business in an Accessory
Building (Small scale Auto Repair Business) Property address: 18912 149th St NW, Elk River PID # 10-4350350 Legal Description: Lot 10 Block 3 Riverside Sec 25, Twp 33, Rge 27 Big Lake Township 2.6 acres General
Rural District with the following Findings of Fact and the thirteen (13) conditions as recommended by the
Planning Advisory Commission.
Findings of Fact: No Interim Use Permit shall be approved or recommended for approval by the County
Planning Commission unless said Commission shall find: 1. That the Interim Use will not be injurious to the
use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the immediate vicinity. Do not believe that will be a
concern to the neighborhood and also this is an I.U.P. and if there is a concern it can be addressed. 2. That
the establishment of the Interim Use will not impede the normal and orderly development and Department
Zoning Presenter NANCY RIDDLE Funding Total 0.00 2. That the establishment of the Interim Use will not
impede the normal and orderly development and improvement of surrounding vacant property for uses
predominant in the area. Not a concern, it appears that this development is fully developed. 3. That adequate
utilities, access roads, drainage and other necessary facilities have been or are being provided. Yes they are
provided with roads, ditches and drainage. 4. That adequate measures have been or will be taken to provide
sufficient off-street parking and loading space to serve the proposed use. According to the plan there is
parking area where class 5 will be hauled in when the weather permits 5. That adequate measures have been
or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these
will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance
to neighboring properties will result. Don't see this as a concern, all of those things are being managed.
There may be one nonilluminated sign totaling no more than 12 sq. ft. in size located on the property, but
outside of the public right-of-way.
2. Days & hours of operation shall be Monday thru Friday, 8:00 AM 5:00 PM.
3. There may be a maximum of five (5) vehicles onsite (not owned by the property owner) either waiting for
repair or waiting to be picked up.
Sherburne County Board Meeting Minutes February 5th, 2019
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4. Any solid or liquid waste must be handled and disposed of according to any applicable County or State
regulations. If hazardous waste license is required by the MPCA, a copy of the license shall be provided to the
County upon request. All fluids will be contained in a nonflammable steel container and brought to the proper
recycling facility.
5. There may be no more than two (2) employees (FTE) other than a member of the household residing on
the premises.
6. Vehicles outside must be parked on compacted Class 5 material (Attachment E1).
7. Excessive noise, glare, odors, traffic or other nuisances may be justification for the County to revoke or
modify the terms of the Interim Use Permit.
8. There shall be no sandblasting or spray painting.
9. There shall be no rebuilding of frames or body work to vehicles.
10. Vehicle parts must be stored inside building or in an enclosed trailer that will be used to transport the
parts to the recycling facility. Vehicle parts cannot be stored on the ground outside.
11. Must install minimum 6' coniferous trees outside the road right of way (as shown in Attachment D). The
trees must be planted staggered in two rows no more than 16' apart. Must be maintained and watered as
necessary for the duration of the permit. Any dead trees must be replaced on a yearly basis. Trees must be
planted by June 1, 2019.
12. The IUP is issued to Kerry and Rhonda Kraus and shall expire with a change in ownership of the property.
13. The property owner shall permit the County to inspect the property during normal business hours
11.

9:37 am AURENA INVESTMENTS LLC - Preliminary Plat

NANCY RIDDLE: Zoning
Fobbe/Danielowski unanimous to approve the Residential Preliminary Standard Plat approval of "WH Cates
Pondside Estates Second Addition" consisting of 2 lots PID #s 30-493-0010 and 0020 Legal Description: Outlot
A and B WH Cates Pondside Estates Sec 25, Twp 34, Rge 26 Livonia Township 15.83 acres General Rural
District with the following six (6) conditions as recommended by the Planning Advisory Commission.
1. Wetland impacts may not occur until wetland replacement credits are purchased. Credits must be
purchased before Zoning will sign the plat mylars.
2. Developer shall enter into a Developer's Agreement with the County Attorney's Office, if needed.
3. An NPDES permit must be submitted to the Zoning Department prior to being scheduled for final plat
approval.
4. A Stormwater and Erosion Control Permit application is required to be submitted to the Zoning Department
prior to being scheduled for final plat approval. No ground disturbance may begin prior to the Zoning Dept
issuing the Stormwater & Erosion Control Permit.
5. Erosion control best management practices must be installed to prevent incidental filling of the wetland.
6. The plat shall be recorded in the Office of the County Recorder/Register of Titles, subject to recording fees,
within one year of County Board approval of Final Plat.
12a.

10:40 am Final Review of Board Room

Steve Taylor: Administration
County Administrator, Steve Taylor presented images of the new County Board Room Design/Layout. A
discussion was had in regard to the proposed design changes of the remodeled County Boardroom. Carey
Ottman-Everson with A&P was available to answer questions.
12.

10:03 am Commissioner Correspondence, Committee Reports, Upcoming Meetings, Future

Agenda Items
(January 23rd – February 4th, 2019)
Commissioner Burandt – Nothing to report.
Commissioner Danielowski – AMC Government 101, Met with Department Heads and various
staff, Options Board, Sherburne County EDA meeting, Big Lake Chamber meeting
Commissioner Dolan - Absent
Commissioner Schmiesing – Violent Offenders Task Force
Sherburne County Board Meeting Minutes February 5th, 2019
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Commissioner Fobbe – Princeton Airport

13.

10:05 am Adjourn Regular Meeting

Manual Warrants
01/16/19 865,652.61
865,652.61
HHS Audit List
01/17/19 82,495.22
2,040.00
84,535.22
HHS Warrants
01/17/19 2,371.40
324.82
999.00
613.51
316.63
1,000.00
315.01
12,162.00
391.78
875.00
406.69
2,000.00
335.00
49,452.25
1,100.00
465.60
6,000.00
915.00
4,491.53
84,535.22
Commissioner Warrants
01/18/19 284,409.54
277,980.94
1,772.00
1,528.00
57,216.39
477.89
296,108.00
34,307.71
83,675.09
9,520.00
1,046,995.56
Manual Warrants
01/18/19 301,576.87
301,576.87
Commissioner Warrants
01/25/19 179,773.92
94,543.31
1,454.31
893.00
3,640.05

Capital Proj 2008-Government Center
Total
Human Service Fund
Agency Collections
Total
CDW Government
Chmielewski/Kari
Convene, LLC
Conway/Brian K
Doherty/Chelsea M.
Fraboni, MD/Americo
Landherr/Christine D
Northwoods Consulting Partners Inc
Pederson/Amy
Prevent Child Abuse America
Real Time Translations, Inc
RSVP/Whitney Center
Seven County Process Servers, LLC
Sherburne County Auditor Treasurer
St Mary's University
The Bridge World Language Ctr Inc
Total Funds by Hasler
U S Post Office
35 Payments less than 300
Total
General Revenue Fund
Public Works Fund
Law Library Fund
Solid Waste Fund
Jail Commissary Fund
Sherco Regional Rail Authority
Capital Proj 2008-Government
Justice Center Enterprise Fund
Agency Collections
Taxes & Penalties Fund
Total
Agency Collections
Total
General Revenue Fund
Public Works Fund
County Ditch Fund
Law Library Fund
Solid Waste Fund

Sherburne County Board Meeting Minutes February 5th, 2019
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17,168.71
69,147.70
8,803.59
954.99
17,840.40
165.83
29.31
135,714.65
583,947.14
31,906.00
1,145,982.91
Manual Warrants
1/25/19
570.35
283.81
6,131.25
146,656.39
826,244.11
185,342.16
1,165,228.07

Jail Commissary Fund
Capital Proj 2008-Government
Justice Center Enterprise Fund
Metropolitan Transit Fund
Hra & Ec Dev Fund
Hospital District Collections
Agency Collections
School Districts Collections
Towns & Cities Collections
Special Tif Account
Total
General Revenue Fund
Hra & Ec Dev Fund
Agency Collections
Taxes & Penalties Fund
School Districts Collections
Towns & Cities Collections
Total

_______________________________

_______________________________

Tim Dolan, Chairperson

Steve Taylor, Administrator

________________________________

_______________________________

Date

Date

Sherburne County Board Meeting Minutes February 5th, 2019
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Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­2

Agenda Item
County EDA Appointment

Department

Administration

Presenter

Dan Weber

Desired Board Action
Motion to Approve
Approve the re­appointment of Amanda Othoudt to the Sherburne County Economic Develop Committee for a six year
term beginning in January 2019 through December of 2024.

Strategic Initiative
Encourage Economic Vitality

Background Justification
Ms. Othoudt will be representing Commissioner District #1.

Budget Implications
Funding Description
not applicable
Funding Sources

Fund Type

Detail

Detail 2

Amount
Funding Total 0.00

County EDA Appointment ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­3

Agenda Item
Approve Contracts with Wiley Law Office

Department

Administration

Presenter

Steve Taylor

Desired Board Action
Motion to Approve
two revised contracts with County Administration and the Sheriff's Office for employment law services from March 1,
2019 ­ February 28, 2021 subject to County Attorney approval.

Strategic Initiative
Foster Organizational Excellence

Background Justification
Mr. Greg Wiley has provided contracted legal services (such as for labor, employment and civil rights) for the Sheriff’s
Office and County Administration since March 2015.
Sheriff's Office: The proposed revised agreement provides for an increase from $6,750/mth to $7,250/month. The
increase would begin March 1, 2019 and continue until February 28, 2021. As indicated in the original agreements, Mr.
Wiley will receive a 2.5% increase on January 1 of each year of the agreements similar to that of county staff. The
scope of work includes a variety of legal research as directed by the Sheriff's Office, providing labor relations
representation services, draft and review policy changes and consult with Sheriff's Office staff with respect to legal issues
confronting law enforcement.
County Administration: The proposed revised agreement provides for an increase from $4,500/mth to $5,000/month. Mr.
Wiley will receive a 2.5% increase on January 1 of each year of the agreements similar to that of county staff. The
scope of work includes providing labor negotiation and employee relations services to the County, grievance processing,
represent the County in all uninsured fair employment practices hearings and unemployment compensation
administrative hearings as well as provide various employment training.
Mr. Wiley has over 12 years of experience with the County in various legal capacities.
Mr. Wiley’s proposed rates are at or below comparative jurisdiction’s costs. His work is budgeted in 2019.

Budget Implications
Funding Description
Funding Sources

Fund Type

Detail

Detail 2

Amount

Enterprise Fund

Budgeted Project Request

from Acct# 51­253­000­0000­6360

to Acct#

$87,000.00

Miscellaneous Account

Budgeted Project Request

from Acct# 01­855­000­0000­6277

to Acct#

$60,000.00

Funding Total 147,000.00

Approve Contracts with Wiley Law Office ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­4

Agenda Item
Monthly Auditor­Treasurer report for January 2019

Department

Auditor/Treasurer

Presenter

Diane Arnold

Desired Board Action
Information Review
Monthly Auditor­Treasurer's report for Commissioner's review for January 2019.

Strategic Initiative
Fiscally Prudent and Stewards of the Public Trust

Background Justification
Monthly Auditor­Treasurer report presented to the County Commissioner's for review. If there are additional questions or
concerns please feel free to contract me directly.

Budget Implications
Funding Description
not applicable
Funding Sources

Fund Type

Detail

Detail 2

Amount
Funding Total 0.00

Monthly Auditor‐Treasurer report for January 2019 ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­5

Agenda Item
Commissioner & Manual Warrants

Department

Auditor/Treasurer

Presenter

*****

Desired Board Action
Information Review

Budget Implications
Funding Sources

Fund Type

Detail

Detail 2

Amount

January 31, 2019 Manual Warrants

$2,947,213.14

February 1, 2019 Commissioner Warrants

$1,124,503.56

February 8, 2019 Commissioner Warrants

$720,010.52

February 6, 2019 Manual Warrants ­ BMO Pcard

$61,124.38

January 31, 2019 Commissioner Warrant

$55,147.00

February 8, 2019 Manual Warrants

$5,495.25

February 1, 2019 Manual Warrants

$753.50

Funding Total 0.00

Commissioner & Manual Warrants ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­6

Agenda Item
01­31­19 HHS OBO Warrant

Department

HHS

Presenter

*****

Desired Board Action
Information Review

Budget Implications
Funding Sources

Fund Type

01­31­19 HHS OBO Warrant

Detail

Detail 2

Amount
$3,201.11

Funding Total 3,201.11

01‐31‐19 HHS OBO Warrant ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­7

Agenda Item
HHS IFS COMM Sue 2­7­19

Department

HHS

Presenter

*****

Desired Board Action
Information Review

Budget Implications
Funding Sources

Fund Type

Detail

Various

Detail 2

Amount
$22,923.87

Funding Total 22,923.87

HHS IFS COMM Sue 2‐7‐19 ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­8

Agenda Item
Approve SRF Consulting Group, Inc. Proposal for Engineering Services ­ Department
CSAH 1 at Hwy 10
Public Works
Presenter

Andrew Witter

Desired Board Action
Motion to Approve
Enter into agreement with SRF Consulting Group, Inc. to provide engineering services for the reconstruction of CSAH 1
from Hwy 10 to north of BNSF RR tracks in the amount of $415,754.

Strategic Initiative
Enhance and Expand Partnerships while creating an informed public

Background Justification
A Request for Proposals was sent to 4 qualified consulting firms. The proposals were reviewed with construction phase
services weighted uniformly. Ranking was based on a number of factors, but primarily expertise to provide services and
products within the proposal, with consideration of estimated fees proposed. SRF Consulting Group, Inc. provided the
best proposal based on Project Understanding, Approach and Team Strength. The Consultant Service Agreement will
be reviewed by the County Attorney's office prior to executing.
2 Proposals were received:
Bolton & Menk ­ $402,347
SRF Consulting Group, Inc ­ $415,754

Budget Implications
Funding Description
Funding Sources

Fund Type

Detail

Detail 2

Amount

Engineering Professional & Technical Services

Budgeted Project Request

from Acct# 03­314­000­0000­6277

to Acct#

$415,754.00

Funding Total 415,754.00

Approve SRF Consul ng Group, Inc. Proposal for Engineering Services ‐ CSAH 1 at Hwy 10 ‐ 1

Andrew J. Witter, P.E.
Public Works Director / County Engineer
Sherburne County Public Works
13880 Business Center Drive
Suite 100
Elk River, MN 55330-4668
763-765-3302

February 19, 2019
RE: CSAH 1 Consultant Selection
Dear County Board,
A Request for Proposals was sent to 4 qualified consulting firms. The proposals were reviewed with
construction phase services weighted uniformly. Ranking was based on a number of factors, but
primarily expertise to provide services and products within the proposal, with consideration of estimated
fees proposed. SRF Consulting Group, Inc. provided the best proposal based on Project
Understanding, Approach and Team Strength. Following is a brief summary of factors that resulted in
our recommendation for selection of SRF Consulting Group (SRF).
The project has complex design elements that will require experience and close coordination and
understanding of MnDOT, Federal Aid and BNSF Railroad requirements. The SRF staff assigned to the
project has successfully completed projects of similar complexity and requirements in recent past and
have an excellent working relationship with MnDOT and BNSF Railroad.
This segment of CSAH 1 is a very important corridor within the transportation system for MnDOT and
the County and efficient mobility is critical. The SRF team will prepare traffic control plans that efficiently
handle traffic as related to MnDOT, the business and residents within the corridor and BSNF Railroad.
They have experience in preparation of visualization elements that will be able to graphically represent
the ability to safely move traffic within and around the corridor. The Public involvement team at SRF will
be able to present this information at a proposed Public Information meeting.
Additionally, and of equally significant importance is the need to complete the design in a timely manner
to so that all Rights of Way and Permits are secured to complete the construction in 2020. SRF has
committed to completing the 60% design plan in August of 2019 to ensure that we have Rights of Way
and Permits secured to meet or exceed the spring 2020 Bid opening. MnDOT plans on reconstructing
TH 10 at CSAH 1 at early as 2022 and completion of CSAH 1 at the intersection with TH 10 will aid in
the success of the MnDOT project.
Warm regards,

Andrew J. Witter, PE
Public Works Director, County Engineer

1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­9

Agenda Item
Approve transfer from the Unallocated Recorders Compliance Fund

Department

Recorder

Presenter

Michelle Ashe

Desired Board Action
Motion to Approve
Transfer $60,000. from Unallocated Recorders Compliance Fund 01­103­6981 to 03­320­5947 Survey Transfer In fund
per the recommendation of the Land Records Committee special meeting on Jan. 30, 2019 for the 2019 budget.

Strategic Initiative
Fiscally Prudent and Stewards of the Public Trust

Background Justification
Half the cost of a new survey truck and equipment
$18,000
Half the cost of four collectors/controllers and equipment
$12,000
Half the cost of two Robotic Total Stations and equipment
$30,000
(This is for 2019 budget)
Total Request
$60,000
Matching funds for the survey purchases will be coming from the survey CIP 2019 budget account number 03­316­320­0000­6660.

Budget Implications
Funding Description
Transfer $60,000. from Recorders Unallocated Fund to Public Works Transfer In fund.

Funding Sources
Unallocated Recorders Compliance
Fund

Fund Type
Funds
Transfer

Detail
from Acct# 01­103­000­0000­
5947

Detail 2
to Acct# 03­320­000­0000­
5947

Amount
$60,000.00

Funding Total 60,000.00

Approve transfer from the Unallocated Recorders Compliance Fund ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­10

Agenda Item
Accept a donation from The Eddy Family Foundation to the Sheriff's
Office Reserve Unit

Department

Sheriff

Presenter

Joel Brott

Desired Board Action
Motion to Approve
Approve the acceptance of a $4,000 donation from The Eddy Family Foundation to the Sheriff's Office Reserve Unit.

Strategic Initiative
Foster Organizational Excellence

Background Justification
This donation will be deposited into the voluntary Reserve Unit account to be used for training, equipment, etc.

Budget Implications
Funding Description
Donation from The Eddy Family Foundation

Funding Sources
Donation

Fund Type

Detail

Other Fund Source

from Acct#

Detail 2
to Acct# 01­201­223­0000­5752

Amount
$4,000.00

Funding Total 4,000.00

Accept a dona on from The Eddy Family Founda on to the Sheriff's Office Reserve Unit ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­11

Agenda Item
Accept a donation from The Eddy Family Foundation to the Sheriff's
Office

Department

Sheriff

Presenter

Joel Brott

Desired Board Action
Motion to Approve
Approve the acceptance of a $4,000 donation from The Eddy Family Foundation to the Sheriff's Office

Strategic Initiative
Foster Organizational Excellence

Background Justification
This donation will be used for various purposes within the Sheriff's Office to improve our services to the citizens of
Sherburne County.

Budget Implications
Funding Description
Donation from The Eddy Family Foundation

Funding Sources
Donation

Fund Type
Other Fund Source

Detail
from Acct#

Detail 2
to Acct# 01­201­0000­5752

Amount
$4,000.00

Funding Total 4,000.00

Accept a dona on from The Eddy Family Founda on to the Sheriff's Office ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­12

Agenda Item
Accept a donation from The Eddy Family Foundation to the Sheriff's
Office Mounted Patrol Unit

Department

Sheriff

Presenter

Joel Brott

Desired Board Action
Motion to Approve
Approve the acceptance of a $2,000 donation from The Eddy Family Foundation to the Sheriff's Office Mounted Patrol
Unit.

Strategic Initiative
Foster Organizational Excellence

Background Justification
This donation will be deposited into the voluntary Mounted Patrol Unit account to be used for training, equipment, etc.

Budget Implications
Funding Description
Donation from The Eddy Family Foundation

Funding Sources
Donation

Fund Type

Detail

Other Fund Source

from Acct#

Detail 2
to Acct# 01­201­223­0000­5752

Amount
$2,000.00

Funding Total 2,000.00

Accept a dona on from The Eddy Family Founda on to the Sheriff's Office Mounted Patrol Unit ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­13

Agenda Item
Approve IT Service Agreement between Sheriff's Office and the City of
Big Lake

Department

Sheriff

Presenter

Joel Brott

Desired Board Action
Motion to Approve
Approve an IT Service Agreement between the Sheriff's Office and the City of Big Lake, effective immediately.

Strategic Initiative
Enhance and Expand Partnerships while creating an informed public

Background Justification
The Sheriff's Office will provide IT support services to the City of Big Lake for monetary considerations as outlined in the
agreement.

Budget Implications
Funding Description
not applicable
Funding Sources
2019 Budgeted Revenue (included in the budget)

Fund Type
Budgeted Project Request

Detail

Detail 2

from Acct#

to Acct# 01­201.5549

Amount
Funding Total

Approve IT Service Agreement between Sheriff's Office and the City of Big Lake ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­14

Agenda Item
Approve Findings of Fact for Denial of IUP request for a
Medium Contractor's Yard by LJS Trucking, Inc.

Department

Zoning

Presenter

Lynn Waytashek, Assistant Zoning Administrator

Desired Board Action
Motion to Approve
Approve the Findings of Fact supporting the Board's denial of the request from LJS Trucking, Inc., for an Interim Use
Permit for a Medium Contractor's Yard in Big Lake Township located at 22665 County Road 15 NW, Elk River, MN

Strategic Initiative
Promote Healthy, Safe and Livable Communities

Background Justification
The County Board denied the request for an IUP at the February 5, 2019 Board meeting and directed staff to come
back with formal findings for their approval.

Budget Implications
Funding Description
not applicable
Funding Sources

Fund Type

Detail

Detail 2

Amount
Funding Total 0.00

Approve Findings of Fact for Denial of IUP request for a Medium Contractor's Yard by LJS Trucking, Inc. ‐ 1

RESOLUTION
SHERBURNE COUNTY BOARD OF COMMISSIONERS
February 19, 2019
Date

Number

WHEREAS, Sherburne County is a political subdivision organized and existing under the laws of the state
of Minnesota;
WHEREAS, the Sherburne County Board of Commissioners is the zoning authority for property located in
Big Lake Township;
WHEREAS, Leon and Julie Slattery (the “Applicants”) are the owners of real property located in Big Lake
Township and zoned General Rural District;
WHEREAS, the Applicants have applied for an Interim Use Permit for a Medium Contractor’s Yard on the
property; and
WHEREAS; a public hearing was held before the Planning Advisory Board on January 17, 2019; and
WHEREAS; based on the record established in this matter, the Sherburne County Board of Commissioners
makes the following:
FINDINGS OF FACT
1. Applicants own an approximately 14.79 acre parcel in Big Lake Township.
2. The property is zoned general Rural and is surrounded by smaller lot residential
subdivisions.
3. The applicants have requested an Interim Use Permit (“IUP”) to operate a Medium
Contractors Yard with up to twelve employees and up to 20 pieces of operating
equipment, operating 7 days per week from 7:00 a.m. to 7:00 p.m.
4. The property is bordered by 227th Avenue NW, which is a Township road, and CSAH
15, but only has access off of 227th Avenue.
5. 227th Avenue is a 9-ton road, but is subject to weight restrictions of 5-tons
approximately 12 weeks each year.
6. The Applicants have been using the property for a contractor’s yard for their business,
LJS Trucking, without a permit, but at a smaller scale than is requested in the IUP
application.

7. At the public hearing on the IUP request, the Planning Commission heard testimony
from neighbors that there were problems with smoke, noise and ground vibration
from heaving equipment on the property.
8. Following a public hearing, the Planning Commission recommended denial of the
permit. The Planning Commission found that there is sufficient acreage on the
property to operate the proposed expanded business, but that expansion of the
business would not be compatible with the surrounding land uses in light of the
smaller-lot subdivisions surrounding the property. The Planning Commission also
found that the expansion of the business would impede the orderly development of
neighboring vacant property to the east.
9. The Planning Commission found that 227th Avenue was not an appropriate access
road for the proposed business based on the Commission’s understanding that it was a
7-ton road.
10. The Board agrees with and adopts the findings of the Planning Commission.
11. Pursuant to Section 18, subd. 6(4) of the zoning ordinance, the Board makes the
following findings:
a. The proposed use will be injurious to the use and enjoyment of
surrounding properties. In particular, the Board finds that a trucking
business with up to 12 employees and 20 pieces of equipment operating
seven days per week from 7:00 a.m. to 7:00 p.m. is not an appropriate use
of this property and is not compatible with the surrounding small lot
residential subdivisions.
b. For the same reasons as above, the proposed use will impede the orderly
development of the vacant property to the east.
c. There are not adequate roads and other facilities necessary to
accommodate the proposed use. The Board finds that even if 227th
Avenue could accommodate the proposed expanded business as a 9-ton
road, the road is not sufficient to adequately serve the proposed business
in light of the annual 5-ton restrictions for up to 12 weeks each year. In
addition, the County would not want to provide an additional access on to
CSAH 15 for an expanded trucking business in light of the surrounding
uses and access points.
d. There is sufficient parking and loading areas for the proposed use.
e. The current unpermitted use of the property and the proposed expanded
use is and will be a nuisance to surrounding properties for noise and
vibration.

12. In light of the full record established before the Planning Commission and before the
County Board, the Board finds that the attached conditions are necessary and
appropriate to ensure the safe continued operation of the shooting range and the
safety and welfare of the public.

NOW, THEREFORE, BE IT RESOLVED, by the Sherburne County Board of Commissioners, based on
the full record established before the Planning Commission and before the County Board, Applicant’s
request for an Interim Use Permit for a Medium Contractor’s Yard for the operation of a trucking business is
DENIED.

Approved the 19th day of February, 2019 on the following vote:

Aye

Nay

Commissioner Burandt
Commissioner Danielowski
Commissioner Dolan
Commissioner Schmiesing
Commissioner Fobbe

Tim Dolan, Board Chair

Steve Taylor, County Administrator

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­15

Agenda Item
Car Seat Recycling

Department

Zoning

Presenter

Dave Lucas, Solid Waste Administrator

Desired Board Action
Motion to Approve
To approve a SCORE Grant Agreement with Health and Human Services to facilitate Car­Seat recycling.

Strategic Initiative
Promote Healthy, Safe and Livable Communities

Background Justification
Please see attached memo, and proposed SCORE Grant Agreement.

Budget Implications
Funding Description
SCORE Grant Funds

Funding Sources
Funds Match: 21­392­000­0000­6911

Fund Type
Grant

Detail
CFDA#

Detail 2
to Acct#

Amount
$1,574.45

Funding Total 1,574.45

Car Seat Recycling ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­16

Agenda Item
Civic Betterment Club SCORE Grant Agreement

Department

Zoning

Presenter

Dave Lucas, Solid Waste Administrator

Desired Board Action
Motion to Approve
To approve a SCORE Grant Agreement with the Civic Betterment Club of Princeton to allow for continued collection and
recycling of cardboard.

Strategic Initiative
Promote Healthy, Safe and Livable Communities

Background Justification
Please see attached staff memo, and SCORE Grant Agreement.

Budget Implications
Funding Description
SCORE Grant Monies

Funding Sources
Funds Match: 21­392­000­0000­6911

Fund Type
Grant

Detail
CFDA#

Detail 2
to Acct#

Amount
$8,360.00

Funding Total 8,360.00

Civic Be倥erment Club SCORE Grant Agreement ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# CA­17

Agenda Item
ReCollect Recycling Search Tool Agreement

Department

Zoning

Presenter

Dave Lucas, Solid Waste Administrator

Desired Board Action
Motion to Approve
To approve a one­year term agreement with ReCollect Systems Inc, not to exceed $6,300, to set up an online search
tool for recyclables, and disposal options for municipal solid waste.

Strategic Initiative
Promote Healthy, Safe and Livable Communities

Background Justification
Please see attached memo and agreement.

Budget Implications
Funding Description
SCORE Grant Monies

Funding Sources
Funds Match: 21­392­000­0000­6874

Fund Type
Grant

Detail
CFDA#

Detail 2
to Acct#

Amount
$6,300.00

Funding Total 6,300.00

ReCollect Recycling Search Tool Agreement ‐ 1

-1-

Services Overview

Initial Term: One Year

Population and/or Household

Platforms

Products

Population: 91,000

Web & Mobile

Waste Wizard, Sorting Game

Agreement secured through Sourcewell ( formerly known as the NJPA) Contract 041217-RCS

ReCollect Software Service Agreement
THIS AGREEMENT is dated as of February 26th, 2018
BETWEEN:
RECOLLECT SYSTEMS INC., a corporation existing under the laws of British Columbia
and having an address at Suite 528 - 3381 Cambie St., Vancouver BC V5Z 4R3,
Canada.
("ReCollect")
AND:
SHERBURNE COUNTY, a county (Sourcewell MEMBER #7250) existing under the
laws of Minnesota, and having an address at 13880 Business Center Drive NW, Suite
100, Elk River, MN 55330-4668
(the "Licensee")
WHEREAS the Licensee wishes to subscribe for, and ReCollect wishes to provide, the
ReCollect Services on the terms and conditions set out in this Agreement, the parties agree as
follows:
1.

INTERPRETATION
1.1.

In this Agreement, capitalized terms not otherwise defined have the meanings
set forth in Appendix “A”.

1.2.

All references to dollars or “$” in this Agreement refer to US dollars.

-2-

2.

3.

RECOLLECT SERVICES
2.1.

ReCollect shall provide the ReCollect Services, having the features and
functionality described in Appendix “B”.

2.2.

ReCollect hereby grants, and Licensee hereby accepts, a limited and nonexclusive license to use the ReCollect Services during the Term upon the terms
and conditions specified in this Agreement.

SERVICE AND MAINTENANCE OBLIGATIONS
3.1.

Technical Support.
3.1.1.

ReCollect shall provide email support ([email protected]) 24 hours
per day, 7 days per week and phone support 12 hours per day (8am to
8pm Eastern Time) on Business Days to resolve any Service Critical
Incidents. ReCollect shall assign a high priority to any Service Critical
Incidents and shall work to resolve them as expeditiously as reasonably
possible.

3.1.2.

ReCollect shall investigate any technical support requests by the
Licensee that are not relating to Service Critical Incidents as soon as
possible and respond by the end of the second Business Day after the
request is made with a resolution or confirmation that the request has
been forwarded to the appropriate person for resolution.

3.2.

Testing. ReCollect shall make a test account available to the Licensee for the
purposes of testing the ReCollect Services, and any updates or modifications
thereto, before making the ReCollect Services (or update or modification, as
applicable) publicly available.

3.3.

API. ReCollect will give the Licensee reasonable use of the API and will give the
Licensee one year notice in advance of any change to the functionality of the API
that, to the knowledge of ReCollect, may impact the Licensee's use of the API.

3.4.

Servers and downtime.
3.4.1.

ReCollect shall ensure its servers are monitored at all times, and take
immediate remedial action if its servers are down or use of the ReCollect
Services is otherwise unavailable.

3.4.2.

ReCollect shall grant the Licensee one month of free service should the
Service experience downtime of more than 10 hours in a month, other
than planned downtime for reasons of maintenance. ReCollect shall give
the Licensee 72 hours' notice in advance to any planned downtime, and

-3-

such downtime will be scheduled during off-peak times of the week, no
more than 8 hours per month.
3.5.

4.

Suspension of access. Upon the Licensee's request, ReCollect will immediately
suspend or disable general access or the access of any specific persons to the
ReCollect Services, and, upon the Licensee's request, restore such access.
During the Term, and except as otherwise provided in this Agreement, ReCollect
shall not suspend, disable, or restore such access without the Licensee's
consent..

TERM AND TERMINATION
4.1.

The initial term of this Agreement shall be one year, starting on the Effective Date
(the "Initial Term").

4.2.

The Licensee may request the renewal of this Agreement for additional 1 year
periods (each a "Renewal Term") by providing written notice to ReCollect at
least 30 days before the end of the Initial Term or the then-current Renewal
Term, as applicable. The "Term" shall mean the Initial Term and any Renewal
Terms.

4.3.

If this Agreement is not renewed before the end of the Term, it will terminate at
the end of the Term.

4.4.

If a party is in breach of this Agreement, the other party shall be entitled to give
the breaching party written notice setting out details of the breach and indicating
the other party's intention to terminate this Agreement. Unless the breaching
party cures the breach to the reasonable satisfaction of the other party within 20
Business Days of the breaching party's receipt of the notice of the breach, this
Agreement will terminate as of the close of business on the 20th such Business
Day.

4.5.

Either party may terminate this Agreement immediately by written notice to the
other party:
(a)

if the terminating party reasonably deems such termination to be
necessary in order to comply with applicable laws; or

(b)

if the other party becomes insolvent or bankrupt, or if any
proceeding is commenced by a person in good faith seeking to
adjudicate the other party a bankrupt or insolvent or with respect
to the other party's liquidation, dissolution, winding-up or the
appointment of a receiver in respect of the other party.

-4-

4.6.

5.

No termination of this Agreement will affect any rights, remedies or liabilities of
either party that may have accrued before the date of termination.

FEES AND PAYMENT TERMS
5.1.

Fees. The Licensee will pay the following fees, plus any applicable Taxes, for the
ReCollect Services during the Term:
(a)

subscription fee of $6,300 per year (the “Subscription Fee”);

Fees are based on ReCollect Services purchased and not actual usage.
Payment obligations are non-cancellable and Fees paid are non-refundable.
Quantities purchased cannot be decreased during the Term.
5.2.

Inflation. The Fees will increase on each one year anniversary of the Effective
Date by the rate of CPI inflation as defined by the United States Bureau of Labor
Statistics.

5.3.

Payment terms. The Licensee will pay the Fees annually in advance to
ReCollect upon execution of this Agreement and on each one year anniversary
of the Effective Date. Such payments will be due 30 days following the date of
ReCollect's invoice. The Licensee is responsible for providing ReCollect with
complete and accurate billing and contact information and notifying ReCollect of
any changes to such information.
When sending invoices or contacting the Licensee regarding renewals, ReCollect
should contact:
Attention:

Gabrielle Holman

Telephone:

(763) 765-4457

Email:

[email protected]

Address:

13880 Business Center Drive NW
Suite 100
Elk River, MN 55330-4668

5.4.

Taxes. The Fees are exclusive of all taxes, levies, duties or similar governmental
assessments of any nature, including, for example, value-added, sales, use or

-5-

withholding taxes, assessable by any jurisdiction whatsoever (collectively,
"Taxes"). The Licensee is responsible for paying all Taxes associated with its
purchase of the ReCollect Services. If ReCollect has the obligation to pay or
collect Taxes for which the Licensee is responsible under this Section 5.3,
ReCollect will invoice the Licensee for the amount of the Taxes and the Licensee
will pay the amount to ReCollect unless it first provides ReCollect with a valid tax
exemption certificate authorized by the appropriate taxing authority.

6.

5.5.

Credit Card payments. There is a 2.5% handling charge for accepting payment
by credit card for invoices.

5.6.

Overdue charges. ReCollect has the right to apply an overdue fee pursuant to
Minn. Stat. § 471.425.

5.7.

Suspension of service. If any amounts owing by the Licensee are 30 or more
days overdue, ReCollect may, without limiting its other rights and remedies,
suspend its provision of the ReCollect Services to the Licensee until such
amounts are paid in full.

5.8.

Payment Disputes. ReCollect will not exercise its rights under Sections 5.5 and
5.6 if the Licensee is disputing the applicable charges reasonably and in good
faith and is cooperating diligently to resolve the dispute. Payment disputes shall
be governed by Minn. Stat. § 471.425.

INTELLECTUAL PROPERTY RIGHTS
6.1.

Title to the software comprising the ReCollect Services (excluding any Licensee
Content included therein) shall at all times remain with the Licensor. The
Licensee acknowledges that the ReCollect Services and ReCollect Content are
proprietary to ReCollect and that all rights thereto are owned by ReCollect. The
Licensee further acknowledges that the ReCollect Services and ReCollect
Content contain trade secrets of ReCollect and that the ReCollect Services and
ReCollect Content are protected by Canadian and international copyright and
other intellectual property laws and treaties. Under no circumstances will a copy
of the software comprising the ReCollect Services be provided to the Licensee.
The Licensee shall not reverse engineer or directly or indirectly allow or cause a
third party to reverse engineer the whole or any part of the ReCollect Services.

6.2.

Licensee represents and warrants that it either owns or has permission to use
the Licensee Content, and it hereby grants ReCollect a limited and non-exclusive
license to use the Licensee Content during the Term in connection with the
ReCollect Services.

6.3.

ReCollect represents and warrants that it either owns or has permission to use
the ReCollect Content, and it hereby grants the Licensee a limited and non-

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exclusive license to use the ReCollect Content during the Term in connection
with the ReCollect Services.

7.

6.4.

ReCollect further represents and warrants that the provision of the ReCollect
Services will not infringe any third party intellectual property rights enforceable in
Canada or the United States, provided that if ReCollect believes or it is
determined that any part of the software comprising the ReCollect Services has
or may have violated a third party's Intellectual Property Rights, ReCollect may
choose to either modify the ReCollect Services to be non-infringing (while
substantially preserving their utility) or obtain a license to allow for continued use,
or if these alternatives are not commercially reasonable, ReCollect may
terminate this Agreement without penalty other than to refund any portion of the
Fees attributable to the period following the date of such termination.

6.5.

The Licensee hereby grants ReCollect a worldwide, perpetual, irrevocable,
royalty-free licence to use and incorporate into the ReCollect Services (and
services provided to third parties by ReCollect) any suggestion, enhancement
request, recommendation, correction or other feedback provided by the Licensee
or its Representatives relating the ReCollect Services.

DATA SECURITY AND PRIVACY
7.1.

Data Ownership
7.1.1.

7.2.

The Licensee shall retain all right, title and interest in and to the Licensee
Data and Aggregate Data. ReCollect shall have the right to collect and
analyze data and other information relating to the provision, use and
performance of various aspects of the ReCollect Services and related
systems and technologies (including, without limitation, data obtained as
a result of analyzing the Licensee Data, Aggregate Data and data derived
therefrom), and ReCollect will be free to use such information and data to
provide the ReCollect Services, to improve and enhance the ReCollect
Services and for other development, diagnostic and corrective purposes
for its internal business use. In no event shall ReCollect otherwise
reproduce, sell, disclose, publicize or exploit Licensee Data or Aggregate
Data without the prior written consent of the Licensee. No rights or
licenses to use Aggregate Data are granted except as expressly set forth
herein.

ReCollect's obligations.
7.2.1.

In the course of providing the ReCollect Services, ReCollect may collect,
use, store, retain, transfer, disclose and/or dispose of ("Handle" or
"Handling") Personal Information.

-7-

7.2.2.

ReCollect's Handling of Personal Information is subject to its "Terms of
Use” (https://recollect.net/terms) and “Privacy Policy"
(https://recollect.net/privacy) in effect from time to time, as posted to its
website.

7.2.3.

ReCollect shall not Handle Personal Information except in compliance
with applicable privacy laws. ReCollect is solely responsible for the use of
Personal Information by its Representatives, and shall ensure that all
such persons comply with applicable laws, including applicable privacy
laws, regarding the Handling of Personal Information. Without limiting the
generality of the foregoing:

7.2.4.

7.3.

(a)

ReCollect shall use industry accepted practices to protect
Personal Information in its custody or control against theft, loss
and unauthorized use or disclosure.

(b)

Whenever ReCollect transfers Personal Information over the
internet, it will employ appropriate cryptographic protocols such as
Transport Layer Security (TLS) encryption.

(c)

ReCollect shall keep confidential all Personal Information and will
not disclose Personal Information to third parties (which for clarity
does not include its employees and agents, to the extent such
persons require such Personal Information for the purpose of
ReCollect's provision of the ReCollect Services), except as may
be required by law.

(d)

ReCollect will notify the Licensee at the first reasonable
opportunity, and in any event within 24 hours of becoming aware
that any Personal Information has been stolen, lost, or accessed
by unauthorized persons.

Within 10 Business Days of the termination of this Agreement, ReCollect
shall provide the Licensee a copy of all Personal Information and written
confirmation of the deletion of all Personal Information from all servers
under its control.

Licensee’s Obligations
7.3.1.

The Licensee shall not Handle Personal Information except in compliance
with applicable privacy laws. The Licensee is solely responsible for the
use of Personal Information and the ReCollect Services by its
Representatives, and shall ensure that all such persons comply with
applicable laws, including applicable privacy laws, regarding the Handling
of Personal Information.

-8-

8.

9.

7.3.2.

The Licensee shall take all reasonable measures to ensure that the
ReCollect Services are protected against use or access by unauthorized
persons.

7.3.3.

The Licensee shall notify ReCollect at the first reasonable opportunity,
and in any event within 24 hours if it becomes aware that any Personal
Information accessible through the ReCollect Services is stolen, lost, or
accessed by unauthorized persons.

7.3.4.

The Licensee will not use the ReCollect Services to store or transmit (i)
unauthorized, infringing, libelous, or otherwise unlawful or tortious
material, (ii) material in violation of third-party privacy rights, or (iii) code,
files, scripts, agents or programs intended to do harm, including, for
example, computer viruses or malware. Licensee acknowledges that the
ReCollect Services are a passive conduit for the transmission of Licensee
Content and ReCollect shall have no liability for any errors or omissions
or for any material described in clauses (i) through (iii) of the previous
sentence, or for any losses, damages, claims, suits or other actions
arising out of or in connection with any Licensee Content sent, accessed,
posted or otherwise transmitted via the ReCollect Services.

7.3.5.

The Licensee's access to the ReCollect Services is subject to ReCollect's
reasonable rules and restrictions in effect from time to time. ReCollect will
provide the Licensee notice in writing of any such rules and restrictions or
changes thereto.

CONFIDENTIALITY
8.1.

Required Disclosure by Licensee. The Licensee may disclose this Agreement
and the terms hereof if and to the extent required by law. If permitted by law, the
Licensee agrees to give ReCollect prior notice of any such disclosure.

8.2.

Protection of Confidential Information. Both parties will comply with data
privacy laws such as the Minnesota Government Data Practices Act, Minn. Stat.
Ch. 13. Neither party will use or disclose any Confidential Information of the other
party except as expressly permitted by this Agreement. Each party will direct its
Representatives to comply with this Section 8.2 and will be responsible for any
breach of this Section 8.2 by its Representatives.

REPRESENTATIONS AND WARRANTIES
9.1.

Representations and Warranties. ReCollect represents and warrants that it will
use commercially reasonable efforts to provide the ReCollect Services. Each
party represents and warrants that it has validly entered into this Agreement and
has the legal capacity to do so. Each party represents and warrants that it holds

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all licenses, rights, and authority necessary to enter into and perform its
obligations under this Agreement. Except as expressly provided in Section 6 and
in this Section 9.1, neither party makes any representation or warranty of any
kind, whether express, implied, statutory or otherwise, and each party specifically
disclaims all implied warranties, including any implied warranty of
merchantability, fitness for a particular purpose or non-infringement, to the
maximum extent permitted by applicable law.
9.2.

10.

11.

Disclaimer. The ReCollect Services are provided on an "as-is" and "as available"
basis. ReCollect does not warrant that the ReCollect Services will operate error
free or without interruption. Without limiting the foregoing, in no event shall
ReCollect have any liability to the Licensee or any third party for personal injury
(including death) or property damage arising from failure of the ReCollect Service
to deliver an electronic message, however caused and under any theory of
liability, even if ReCollect has been advised of the possibility of such damage.

LIMITATION OF LIABILITY
10.1.

Mutual limitation of liability. Neither party's liability with respect to this
Agreement will exceed one million dollars ($1,000,000). The above limitation
applies whether an action is under contract, tort (including without limitation,
negligence and strict liability), or any other legal theory.

10.2.

Exclusion of consequential and related damages. In no event shall ReCollect
be liable to the Licensee or any third party for lost profits, lost revenues, lost
savings, or incidental, consequential, indirect, punitive or special damages
howsoever arising, including without limitation arising out of the operation of or
inability to operate the ReCollect Services.

10.3.

Unavoidable Events. No party will be regarded as being in default in
performance of any obligations under this Agreement, or liable for any damages,
if such party is delayed or hindered in the performance of, or unable to perform,
such obligations, or such damages arise, as a consequence of an Unavoidable
Event.

EMERGENCY NOTIFICATIONS
11.1.

Licensee covenants and agrees that it has and will maintain primary safety and
emergency response procedures, including, without limitation, notifying 911 or
equivalent fire, police, emergency medical and public health officials (collectively,
"First Responders"). Licensee acknowledges and agrees that ReCollect is not a
First Responder, and that the ReCollect Services do not serve as a substitute for
Licensee's own emergency response plan, which in the event of an actual or
potential imminent threat to person or property, shall include contacting a First
Responder prior to using the ReCollect Services.

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12.

APP STORE ACCOUNT MANAGEMENT
12.1.

Acknowledgement. Licensee acknowledges that the ReCollect Services will
include publishing one or more applications on Licensee's behalf on Apple, Inc.'s
App Store and/or Google Inc.'s Google Play service (the Apple, Inc. App Store
and Google Play are referred to collectively as the "App Stores"). This Section
13 sets forth the parties' mutual agreement relating to Licensee's Apple
Developer Account for Apple, Inc.'s App Store and Licensee's Google Developer
Account for Google Inc.'s Google Play Console service (such developer accounts
are referred to as "Developer Accounts").

12.2.

Licensee obligations:
12.2.1.

If Licensee is not already enrolled with an account in the Apple Developer
Program, it will promptly enroll in the Apple Developer Program and open
an account under its own name. If Licensee is not already enrolled with a
Developer Account for the Google Play Console, it will promptly register
such a Developer Account under its own name.

12.2.2.

Licensee will add ReCollect to its "development team" for its Developer
Account for the Apple Developer Program, and will add ReCollect as an
additional user for its Developer Account for the Google Play Console, in
each case with full access to all permissions, including to create, edit, and
publish apps, and reply to reviews, to the extent permitted under Apple,
Inc. or Google Inc. policies, as applicable. Licensee will maintain
ReCollect's status on its Developer Accounts for both App Stores during
the Term.

12.2.3.

If and to the extent required under Apple, Inc. or Google Inc. policies,
Licensee will, with the assistance of ReCollect, submit one or more
applications and/or revised versions of applications for publication on
each of the App Stores upon ReCollect's request from time to time, but
only as may be reasonably required in order for ReCollect to provide the
ReCollect Services.

12.2.4.

Licensee hereby grants ReCollect the authority to access and use its
Developer Accounts only as may be reasonably required in order for
ReCollect to provide the ReCollect Services, including as to the following:

12.2.4.1.

to submit applications developed by ReCollect, and/or revised
versions of such applications, from time to time, for review and
publication on the App Stores, under the Developer Accounts;

-11-

12.3.

12.4.

13.

12.2.4.2.

to download data and reports from Apple, Inc. and Google Inc.
relating to applications developed by ReCollect (including as to the
number of downloads each day), so that ReCollect can provide
metrics and reports to Licensee; and

12.2.4.3.

to review and respond, in Licensee's name and on its behalf, to
reviews posted by users of applications developed by ReCollect, for
the purpose of providing technical support or assistance to end
users.

ReCollect obligations:
12.3.1.

ReCollect will use its access to the Licensee's Developer Accounts only
as may be reasonably required in order for ReCollect to provide the
ReCollect Services.

12.3.2.

ReCollect will use commercially reasonable efforts to maintain the
security of the account that it will use to access Licensee's Developer
Accounts, including by maintaining a strong password with two-factor
authentication enabled, which will be tightly controlled and only available
to a minimal number of ReCollect staff.

12.3.3.

ReCollect will not use or disclose any confidential information accessible
through Licensee's Developer Accounts that is unrelated to the
administration of the applications developed and maintained by
ReCollect.

12.3.4.

ReCollect will provide the Licensee with such information and assistance
as may be reasonably required in order for the Licensee to comply with its
obligations under this Section 13.

At the end of the Term, Licensee may remove ReCollect from its Developer
Accounts.

GENERAL
13.1.

Notices. Any notice required or permitted to be given to the parties by this
Agreement or by law may be delivered to the intended recipient at its address or
e-mail address at:
In the case of ReCollect:
ReCollect Systems Inc.
Suite 528 - 3381 Cambie St.
Vancouver, BC V5Z 4R3, Canada.

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Attention:
Telephone:
Email:

Kathryn Paulson
1-888-291-0604 x304
[email protected]

In the case of the Licensee:
Sherburne County, Minnesota
Attention:

Gabrielle Holman

Telephone:

(763) 765-4457

Email:

[email protected]

Any party may change its address for notice from time to time by notice given in
accordance with the foregoing, and any subsequent notice shall be sent to such
party at its changed address. If the Licensee has any issues with insurance
renewal, please contact [email protected].
13.2.

Assignment. The Licensee may not transfer or assign its rights and obligations
under this Agreement without obtaining ReCollect's prior written consent.

13.3.

Amendments and Waivers. This Agreement may not be modified or amended
except by written agreement. No provision of this Agreement may be waived
except in writing by the party providing the waiver. No failure or delay by either
party in exercising any right under this Agreement will constitute a waiver of that
right.

13.4.

Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties with respect to the matters dealt with herein.
All previous agreements, understandings, and representations, whether written
or oral, between the parties have been superseded by this Agreement. For
greater certainty, the Licensee warrants that it has not relied on any
representation made by ReCollect which has not been stated expressly in this
Agreement, or upon any descriptions, illustrations or specifications contained in
any document including publicity material produced by ReCollect.

13.5.

Governing Law. This Agreement is governed by and will be interpreted and
construed in accordance with the laws of State of MINNESOTA and the federal
laws of UNITED STATES applicable therein. Each party submits to the
jurisdiction of the courts of MINNESOTA in any action or proceeding arising out

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of or relating to this Agreement and agrees that all claims in respect of any such
action or proceeding will exclusively be heard and determined in such courts.
13.6.

Order of precedence. In the event of any conflict between this Agreement
(excluding Appendix “B”) and the information contained in Appendix “B”, the
order of precedence shall be (1) this Agreement (excluding Appendix “B”) and (2)
Appendix “B”.

13.7.

Relationship of the parties. The parties are independent contractors. This
Agreement does not create a partnership, joint venture, agency, fiduciary or
employment relationship between the parties.

13.8.

Severability. Any provision of this Agreement which is invalid or unenforceable
in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of
such invalidity or unenforceability and shall be severed from the balance of this
Agreement without invalidating or affecting the remaining provisions of this
Agreement in that or any other jurisdiction, which remaining provisions shall
continue in full force and effect.

13.9.

Execution. This Agreement may be executed in counterparts by the respective
parties, each of which when so executed shall be deemed to be an original and
all of which taken together shall constitute one and the same agreement,
provided that this Agreement shall be of no force and effect until the counterparts
are exchanged. Transmission of an executed signature page by email or other
electronic means is as effective as a manually executed counterpart of this
Agreement.
[Signature page follows]

-14-

IN WITNESS WHEREOF ReCollect and the Licensee have executed this Agreement as of the
Effective Date.
RECOLLECT SYSTEMS INC.
Per:

________________________________

Name: ________________________________
Title:

________________________________

SHERBURNE COUNTY, MINNESOTA
Per:

________________________________

Name: ________________________________
Title:

________________________________

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APPENDIX “A”
DEFINITIONS
In this Agreement:
"Agreement" means this ReCollect Software Service Agreement including the
appendices hereto.
"API" means ReCollect’s application programming interface, which may be used to
interact with the ReCollect Services from third-party software applications.
"Business Day" means any day of the year, other than a Saturday, Sunday or statutory
holiday in Vancouver, British Columbia.
"Confidential Information" means all information disclosed by a party (the "Disclosing
Party") to the other party (the "Receiving Party"), whether orally or in writing, that is
designated as confidential or that reasonably should be understood to be confidential
given the nature of the information and the circumstances of disclosure. ReCollect's
Confidential Information includes the ReCollect Services, and each party's Confidential
Information includes the terms and conditions of this Agreement (including pricing), as
well as business and marketing plans, technology and technical information, product
plans and designs and business processes disclosed by such party. However,
Confidential Information does not include any information that (i) is or becomes generally
known to the public without breach of any confidentiality obligation owed to the
Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the
Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is
received from a third party without breach of any obligation owed to the Disclosing Party;
or (iv) was independently developed by the Receiving Party.
"Licensee Data" means all proprietary and confidential data provided by the Licensee
for use, storage, or access by ReCollect in the course of providing the ReCollect
Services, and/or any data created or made available to ReCollect by end users of the
ReCollect Services; and
“Aggregate Data” refers to Licensee Data with personally identifiable information
removed, including the names, addresses, and contact information (e.g. email
addresses, phone numbers) of any end users of the ReCollect Services.
“Effective Date” means the date written on the first page of this Agreement.
"Initial Term" has the meaning given in Section 4.1.

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"Intellectual Property" means any domestic or foreign intellectual property, registered
or unregistered, including patents, copyrights, designs, trade-marks, trade names,
business names, corporate names, inventions, trade secrets, proprietary and non-public
business information, Confidential Information, know-how, methods, processes,
technology, data, schematics, content, specifications, graphics, photos, logos, artwork
and documentation relating to any of the foregoing.
"Licensee Content" means (i) all Intellectual Property created, acquired, or licensed by
the Licensee or its Representatives and provided to ReCollect or distributed via the
ReCollect Services; and (ii) any modifications, enhancements, adaptations or derivative
works of any Licensee Content.
"Fees" has the meaning given in Section 5.1.
“Personal Information” means any information about an identifiable individual
collected by ReCollect in the course of providing the ReCollect Services (other than the
name, title and business contact information of the Licensee’s Representatives).
“ReCollect Content” means any Intellectual Property created, acquired, or licensed by
ReCollect and included in the ReCollect Services, other than Licensee Content.
"ReCollect Services" means the services provided to Licensee as described in
Appendix “B”, and includes any updates or other modifications thereto.
"Renewal Term" has the meaning given in Section 4.2.
“Representative” means, with respect to a party, any employee, contractor (excluding
the other party), agent or representative of a party.
"Service Critical Incidents" means any defect in the ReCollect Services that
significantly impairs the Licensee's ability to use the ReCollect Services.
"Subscription Fee" has the meaning given in Section 5.1(a).
"Taxes" has the meaning given in Section 5.4.
"Term" has the meaning given in Section 4.2.

“Unavoidable Event” means, in respect of a party, any event beyond the reasonable
control of such party, including acts of God, flood, labour disturbances, earthquakes,

-17-

storms, fire, lightning, epidemic, war, riots, civil disturbance or disobedience, restraint by
government body, or default by a third party internet, infrastructure or service provider.

-18-

APPENDIX “B”
RECOLLECT SERVICES

Waste Wizard
Where do your residents go for recycling information? They need accurate, accessible
information. The Waste Wizard gives residents clear information about what to put
where. It also gives you great search engine optimization to help your residents find
their local recycling guidelines using only a simple Internet search.

A Fast, Smart Search for Items

As the resident begins to type in a material, the Waste Wizard predicts the entry and
offers residents helpful item suggestions and synonyms. ReCollect has a list of
thousands of items to help you get started. You can add, modify, and delete items
and their instructions any time. You can also create “aliases” for materials that have more than one
name (e.g. soda and pop).

Guide Residents to Depots

If an item is electronic waste, hazardous waste, or requires a depot for any reason, you can highlight
local depots in the item’s instructions. The depots are offered in a list and on a map with estimated
driving times so residents can easily choose one and find their way.

Learn About Local Recycling Challenges

Do you know the top ten most queried items are in your area? You might be surprised! With the Waste
Wizard, you’ll be able to see analytics about what materials most perplex residents. This can help to
focus and prioritize your promotion and education efforts.
The Waste Wizard can be used on its own, or integrated with ReCollect's Collection Calendar web app
and/or mobile app.

Waste Wizard Key Functionality
●
●

Enable residents to easily search for how to dispose of hundreds of different materials
Admin Dashboard - city administrators can, at any time:
○ Access Activity & Reporting dashboard - get detailed stats about:
■ usage
■ most searched for items
■ items searched for that are not in the wizard (so they can be added)
○ Update the wizard, including:
■ Adding or editing items, setting their stream (trash, recycling, depot, bulk
collection, etc.)
■ Set special instructions for each item.
■ Include depots, landfills and drop off locations, customize content to include
map and location results, hours of opening.
■ Add “synonyms” to items so that local variations in terminology, along with
common spelling mistakes and typos will give the correct result.
○ Download a Monthly activity report, or have it automatically emailed to staff.

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●

●

Enable residents to view a schedule of community waste events, such as hazardous waste
collection days. They can also sign up to receive reminders about these events via email,
Twitter, Text Message, or automated phone call.
Accessibility
○ Exceeds WCAG 2.0 Level AA and Section 508 compliance- ReCollect meets all
regulatory and legal accessibility compliance requirements for users with disabilities.
○ ReCollect works for all your residents, including those without computers or
smartphones, those who have only landlines.
○ Support for multiple languages including Spanish, Chinese, Punjabi, Korean and French.

Waste Sorting Game
With playful visuals and charming sounds, ReCollect's interactive Waste Sorting Game is a great
addition to your outreach programs.
How does it work?
Players sort materials into local waste streams. All the rules are unique to your area. As a reward for
successfully completing each level, the player gets to build a digital park.
Customize the Game!
The Waste Sorting Game's name, cart/bin shapes and colors, drop-off depot name, and the background
streetscape will all be customized to meet your program's needs.
Get Key Data
Behind-the-scenes, you can access analytic tools to help you understand what materials residents and
customers are sorting correctly and incorrectly.
ReCollect's Waste Sorting Game works on all modern desktop and mobile web browsers

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Waste Sorting Game Key functionality
●

●

●

Player is presented with a series of materials, each of which must be dragged into the correct
stream before proceeding to the next. An incorrect choice requires the player to choose again.
○ After the completion of the level (six correct choices), the player is rewarded with a
choice of items from which to construct their personal, virtual park.
○ After completing all five levels, the player is presented with the opportunity to create and
print a certificate of completion.
Customization - the following aspects of Game will be customized to reflect the municipality
and its configuration of solid waste services:
○ Cityscape — to reflect the municipality’s skyline/landmarks
○ Collection streams — associate materials with curbside and drop-off services.
Customize depot names, cart (or bin) shapes and colors.
○ Name of the game.
○ Choice of up to fifty materials for disposal.
○ Additional two illustrations for materials or rewards not yet available.
Metrics - Game aggregates usage data to provide the following metrics to administrators:
○ A virtual waste audit - the number of wrong guesses associated with the most frequently
wrongly placed materials, and the number of times for each material in each wrongly
chosen waste stream.
○ Monthly reporting of number of game plays and top misunderstood items.

Platform Options
Web App

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Simple integration into your pre-existing website. We work with you to match your
organization's style and brand.
Key Functionality
●
Embed the Waste Wizard, Sorting Game and report
an issue (need help?) tools on multiple web pages and websites, including
your Facebook page, hauler’s website, neighborhood/community websites,
etc.
●
Responsive design — web app adapts mobile web
browsers giving users the best experience for their screen size.
●
White labeled:
○ Web app uses your color palette and fonts to match the look and
feel of your website.

Mobile App
ReCollect is the only native app for waste management — meaning it has the
responsiveness and sleek experience your residents expect.
Your mobile app can be downloaded for free from the iTunes App Store and Android
Play Store.
Because ReCollect is a “white label” service, your residents will be using a mobile
app that you’ve named and branded.
Key Functionality
●
●
●

Free mobile apps with the Waste Wizard, Sorting Game and report-a-problem tools available to
residents in iTunes App Store and Android Play Store.
Native iPhone and native Android apps, meaning they look sharp and are intuitive to users.
White-Labeled
○ Custom branding on mobile apps allows you to use your logo, background image, color
palette, and messaging to shape the look and feel, and reinforce your brand.

Implementation Service
ReCollect’s implementation methodology will allow us to quickly and efficiently deploy your ReCollect
services.
As part of the RIM process the ReCollect team will guide you from project kickoff through to Go-live and
launch. This service includes a Program Manager to lead the deployment and a Data Analyst that will
help you identify, transform, load, data in the ReCollect system. Meetings will be run by the ReCollect
team throughout your deployment and up until your launch date, to assure success and deliver the
anticipated results.

ReCollect Typical Implementation Process

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Key Functionality
●
●
●
●
●
●

Kickoff call and meetings through launch date
Data review, transformation and load
Development of automated or semi-automated data updating procedures.
Administrator Training
Integration with help desk systems/311 systems -- many options for incorporating related
service requests from residents.
Drive adoption

Web Specific
● URL configuration
● Web App embeds
Mobile Specific
● Create custom design and Icon (or utilize customer provided art)
● Author / co-author mobile app content
● Submission of the mobile apps to the Android and Iphone stores as a “FREE” app

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# 4
5 minutes @ 9:05 am

Agenda Item
Tri­County and Pope/Douglas

Department

Zoning

Presenter

Dave Lucas

Desired Board Action
Information Review
Discussion regarding Tri­County's existing contract with Pope/Douglas for mixed municipal waste deliveries.

Strategic Initiative
Promote Healthy, Safe and Livable Communities

Background Justification
Tri­County is currently in the eighth (8th) year of a twenty year put­or­pay contract with Pope/Douglas Joint Solid Waste
Management Board. Pope/Douglas owns and operates a waste combuster and currently recieves 50,000 tons of MSW
generated in the Tri­County service area. Staff will provide for additional background information in preparation for the
upcoming Tri­County Solid Waste Management Board discussion (scheduled for Feb 21).

Budget Implications
Funding Description
not applicable
Funding Sources

Fund Type

Detail

Detail 2

Amount
Funding Total 0.00

Tri‐County and Pope/Douglas ‐ 1

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# 5
5 minutes @ 9:10 am

Agenda Item
2019 SCORE Budget

Department

Zoning

Presenter

Dave Lucas, Solid Waste Administrator

Desired Board Action
Motion to Approve
To approve the 2019 line item SCORE Budget as presented.

Strategic Initiative
Promote Healthy, Safe and Livable Communities

Background Justification
Please see attached memo, and proposed budget.

Budget Implications
Funding Description
Fund 21, Department 392. Various accounts
Funding Sources

Fund Type

Detail

Detail 2

Amount

Funds Match: Budgeted SCORE Expenses

Grant

CFDA#

to Acct# 21­392­6911

$731,199.00

Funds Match: Budgeted

Grant

CFDA#

to Acct# 21­392­5313

($731,199.00)

Funding Total 0.00

2019 SCORE Budget ‐ 1

2019 Draft SCORE Budget
Revenue Sources
Current SCORE Balance
2019 April MPCA Payment
2018 October MPCA Payment
25% Required County Match
Paint Care & Waste Pesticide Programs

Funding Expenditures
City & Township Cleanup Day Events (individual grant agreements apply)
Household Hazardous Waste Collection Events
Stearns County HHW Facility
Civic Betterment Club Paper & Cardboard Recycling Program (individual grant agreement applies)
Becker Boy Scouts Paper & Cardboard Recycling Program (individual grant agreements apply)
Public Yard Waste Sites (individual grant agreements apply)
Pharmaceutical Collection & Disposal Program
Battery Recycling Program
CLIMB Theatre
ISD 728 Recycling Bins
Grass Clippings & Leaf Drop Events (individual grant agreements apply)
Administration Costs
Environmental Educator Newsletter
Unallocated Amount (SCORE Grants, Staff Proposals, SCORE Eligible Projects)

$
$
$
$
$
Total $

Budgeted Amount
382,098.00
133,448.00
133,448.00
66,724.00
15,481.00
731,199.00

$
$
$
$
$
$
$
$
$
$
$
$
$
$
Total $

Budgeted Amount
121,231.00
100,000.00
30,000.00
8,360.00
6,912.00
160,000.00
3,000.00
10,000.00
23,025.00
8,775.00
4,000.00
138,000.00
36,000.00
81,896.00
731,199.00

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# 6
5 minutes @ 9:15 am

Agenda Item
MOA for the Rum River One Watershed One Plan

Department

Administration

Presenter

Dan Cibulka

Desired Board Action
Motion to Approve
Motion to approve the Memorandum of Agreement for the Rum River One Watershed One Plan project.

Strategic Initiative
Enhance and Expand Partnerships while creating an informed public

Background Justification
Dan Cibulka will be updating the Board on the One Watershed One Plan project timeline and seek approval of the
MOA.
The MOA language has been reviewed and approved by the County Attorney's office.

Budget Implications
Funding Description
not applicable
Funding Sources

Fund Type

Detail

Detail 2

Amount
Funding Total 0.00

MOA for the Rum River One Watershed One Plan ‐ 1

MEMORANDUM OF AGREEMENT

This agreement (Agreement) is made and entered into by and between:
The Counties of Isanti, Mille Lacs, Sherburne, Aitkin, Benton, Morrison, Crow Wing, and Kanabec by and
through their respective County Board of Commissioners, and
The Isanti, Mille Lacs, Anoka, Sherburne, Aitkin, Benton, Morrison, Crow Wing and Kanabec Soil and
Water Conservation Districts, by and through their respective Soil and Water Conservation District
(SWCD) Board of Supervisors, and
The Lower Rum River Watershed Management Organization (LRRWMO) and Upper Rum River Watershed
Management Organization (URRWMO), by and through their respective Board of Managers,
Collectively referred to as the “Parties.”
WHEREAS, the Counties of this Agreement are political subdivisions of the State of Minnesota, with authority to
carry out environmental programs and land use controls, pursuant to Minnesota Statutes Chapter 375 and as
otherwise provided by law; and
WHEREAS, the SWCDs of this Agreement are political subdivisions of the State of Minnesota, with statutory
authority to carry out erosion control and other soil and water conservation programs, pursuant to Minnesota
Statutes Chapter 103C and as otherwise provided by law; and
WHEREAS, the Watershed Management Organizations of this Agreement are political subdivisions of the State of
Minnesota, with statutory authority to carry out conservation of the natural resources of the state by land use
controls, flood control, and other conservation projects for the protection of the public health and welfare and
the provident use of the natural resources, pursuant to Minnesota Statutes Chapters 103B, 103D and as otherwise
provided by law; and
WHEREAS, the parties to this Agreement have a common interest and statutory authority to prepare, adopt, and
assure implementation of a comprehensive watershed management plan in the Rum River Watershed to conserve
soil and water resources through the implementation of practices, programs, and regulatory controls that
effectively control or prevent erosion, sedimentation, siltation and related pollution in order to preserve natural
resources, ensure continued soil productivity, protect water quality, reduce damages caused by floods, preserve
wildlife, protect the tax base, and protect public lands and waters; and
WHEREAS, with matters that relate to coordination of water management authorities pursuant to Minnesota
Statutes Chapters 103B, 103C, and 103D with public drainage systems pursuant to Minnesota Statutes Chapter
103E, this Agreement does not change the rights or obligations of the public drainage system authorities.

1

WHEREAS, the Parties have formed this Agreement for the specific goal of developing a plan pursuant to
Minnesota Statutes § 103B.801, Comprehensive Watershed Management Planning, also known as One
Watershed, One Plan.
WHEREAS,
NOW, THEREFORE, the Parties hereto agree as follows:
1. Purpose: The Parties to this Agreement recognize the importance of partnerships to plan and implement
protection and restoration efforts for the Rum River Watershed (Attachment A). The purpose of this
Agreement is to collectively develop and adopt, as local government units, a coordinated watershed
management plan for implementation per the provisions of the Plan. Parties signing this agreement will
be collectively referred to as the Rum River Watershed Partnership.
2. Term: This Agreement is effective upon signature of all Parties according to the Board of Water and Soil
Resources (BWSR) Operating Procedures for One Watershed One Plan (version 2, March 28 2018); and
will remain in effect until 1-year after the term of the BWSR One Watershed, One Plan Planning Grant
Agreement, unless cancelled according to the provisions of this Agreement or earlier terminated by law.
3. Adding Additional Parties: A qualifying party desiring to become a member of this Agreement shall
indicate its intent by adoption of a board resolution prior to a date that is six months from the BWSR One
Watershed, One Plan Planning Grant Agreement execution. The party agrees to abide by the terms and
conditions of the Agreement; including but not limited to the bylaws, policies and procedures adopted by
the Policy Committee.
4. Withdrawal of Parties: A party desiring to leave the membership of this Agreement shall indicate its
intent in writing to the Policy Committee in the form of an official board resolution. Notice must be made
at least 30 days in advance of leaving the Agreement. BWSR has identified the following parties as
required parties for this agreement: Isanti SWCD, Isanti County, Mille Lacs SWCD, Mille Lacs County,
Sherburne SWCD, Sherburne County, Aitkin SWCD, Aitkin County. If one of the required Parties according
to the BWSR Operating Procedures for One Watershed One Plan withdraws from this agreement, it does
not make this MOA null and void. Should this occur, the remaining Parties will hold discussions with
BWSR representatives regarding the reallocation or reassignment of duties, grant funds, and future
projection of the project as a whole.
5. General Provisions:
a. Compliance with Laws/Standards: The Parties agree to abide by all federal, state, and local laws;
statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this
Agreement or to the facilities, programs, and staff for which the Agreement is responsible.
b. Indemnification: Each party to this Agreement shall be liable for the acts of its officers,
employees or agents and the results thereof to the extent authorized or limited by law and shall
not be responsible for the acts of any other party, its officers, employees or agents. The
provisions of the Municipal Tort Claims Act, Minnesota Statute Chapter 466 and other applicable
2

laws govern liability of the Parties. To the full extent permitted by law, actions by the Parties,
their respective officers, employees, and agents pursuant to this Agreement are intended to be
and shall be construed as a “cooperative activity.” It is the intent of the Parties that they shall be
deemed a “single governmental unit” for the purpose of liability, as set forth in Minnesota
Statutes § 471.59, subd. 1a(a). For purposes of Minnesota Statutes § 471.59, subd. 1a(a) it is the
intent of each party that this Agreement does not create any liability or exposure of one party for
the acts or omissions of any other party.
c. Records Retention and Data Practices: The Parties agree that records created pursuant to the
terms of this Agreement will be retained in a manner that meets their respective entity’s records
retention schedules that have been reviewed and approved by the State in accordance with
Minnesota Statutes § 138.17. The Parties further agree that records prepared or maintained in
furtherance of the agreement shall be subject to the Minnesota Government Data Practices Act.
At the time this agreement expires, all records will be turned over to Sherburne SWCD for
continued retention. After termination of this Agreement, the parties of this agreement shall
continue to have access to the records created pursuant to this Agreement.
d. Timeliness: The Parties agree to perform obligations under this Agreement in a timely manner as
agreed upon by all parties and keep each other informed about any delays that may occur.
e. Extension: The Parties may extend the termination date of this Agreement upon agreement by all
Parties.
f.

This is a collaborative effort by the Parties and as such, no employees shall be hired as part of this
planning project.

6. Administration:
a. Establishment of Committees for Development of the Plan. The Parties agree to designate one
representative, who must be an elected or appointed member of the governing board, to a Policy
Committee for development of the watershed-based plan and may appoint of one or more
technical representatives to an Advisory Committee for development of the plan in consideration
of the BWSR Operating Procedures for One Watershed, One Plan.
i. The Policy Committee will meet as needed to decide on the content of the plan, serve as a
liaison to their respective boards, and act on behalf of their Board. Each representative
shall have one vote.
ii. Each governing board may choose one alternate to serve on the Policy Committee as
needed in the absence of the designated member.
iii. The Policy Committee will establish bylaws within 6 months of execution of this document
to describe the functions and operations of the committee(s).
iv. The Advisory Committee will meet monthly or as needed to assist and provide technical
support and make recommendations to the Policy Committee on the development and
3

content of the plan. Members of the Advisory Committee may not be a current board
member of any of the Parties.
b. Submittal of the Plan. The Policy Committee will recommend the plan to the Parties of this
agreement. The Policy Committee will be responsible for initiating a formal review process for the
watershed-based plan conforming to Minnesota Statutes Chapters 103B and 103D, including
public hearings. Upon completion of local review and comment, and approval of the plan for
submittal by each party, the Policy Committee will submit the watershed-based plan jointly to
BWSR for review and approval.
c. Adoption of the Plan. The Parties agree to adopt and begin implementation of the plan within
120 days of receiving notice of state approval, and provide notice of plan adoption pursuant to
Minnesota Statutes Chapters 103B and 103D.
7. Fiscal Agent: Sherburne SWCD will act as the fiscal agent for the purposes of this Agreement and agrees
to:
a. Accept all responsibilities associated with the implementation of the BWSR grant agreement for
developing a watershed-based plan.
b. Perform financial transactions as part of grant agreement and contract implementation.
c. Annually provide a full and complete audit report.
d. Provide the Policy Committee with the records necessary to describe the financial condition of the
BWSR grant agreement.
e. Retain fiscal records consistent with the agent’s records retention schedule until termination of
the agreement (at that time, records will be turned over to Sherburne SWCD).
8. Grant Administration: Sherburne SWCD will act as the grant administrator for the purposes of this
Agreement and agrees to provide the following services:
a. Accept all day-to-day responsibilities associated with the implementation of the BWSR grant
agreement for developing a watershed-based plan, including being the primary BWSR contact for
the One Watershed, One Plan Grant Agreement and being responsible for BWSR reporting
requirements associated with the grant agreement.
b. Provide the Policy Committee with the records necessary to describe the planning condition of
the BWSR grant agreement.
9. The following parties agree to provide the following services to the Rum River Watershed Partnership:
a. Isanti SWCD: Project Coordinator
b. Sherburne SWCD: Fiscal Agent, Administration
c. Mille Lacs SWCD: Outreach Coordinator
4

d. Notifications Coordinator: Isanti County Zoning
e. Meeting Facilitator (non-technical) Mille Lacs County; Anoka SWCD
f.

Note Taker: Mille Lacs SWCD; Aitkin SWCD

10. Authorized Representatives: The following persons will be the primary contacts for all matters
concerning this Agreement:
Sherburne SWCD
Francine Larson or successor
District Manager
425 Jackson Ave NW
Elk River, MN 55330
Telephone: 763-220-3434

5

County of Sherburne

________________
Chair

Dated: _______________

Approved as to form and execution:

______________________________
Kathleen A. Heaney
Sherburne County Attorney
Dated: _____________________

6

Attachment A

7

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# 7
5 minutes @ 9:20 am

Agenda Item
Contract Amendment for A&M Business Interior Services

Department

Administration

Presenter

Steve Taylor/Sue Raiche

Desired Board Action
Motion to Approve
a contract amendment to adjust A&M Business Interior Services budget to a not to exceed $333,508.00 subject to
County Attorney approval.

Strategic Initiative
Promote Healthy, Safe and Livable Communities

Background Justification
On September 12, 2017, the County Board approved a budget of $206,300 for A&M Business Interior Services (A&M)
to provide the County with move coordination services (the original budget was $315,380). The term "move
coordination" is somewhat of a misnomer as their responsibilities include not only planning, communicating with County
move captains and implementing all move phases, their scope of work also includes:
Scheduling product deliveries
Moving out old furniture and taking delivery of new
Storing furniture in rented trailers until needed
Installing cubicles, office furniture and tables
Disassembling and removing unwanted/broken tables, chairs, filing systems etc.
Recycling products (requiring furniture to be broken apart and separated by material)
Physical relocation of staff and departmental belongings

Since the original planning 1 1/2 years ago, the County needed to re­sequence the construction phases as we realized
much of the planned furniture to be re­used was in deplorable shape. This led to additional hours for A&M in terms of
using additional temporary staff relocations and staging of furniture (for example the Sheriff and his administration staff
have to move three times).
Additionally, at the time we needed to contract with a move coordinator, a number of requirements were still evolving ­
that is which vendor was to perform what activity. For instance, the courtroom jury box chairs were delayed and
temporary chairs had to be moved in. When the chairs did arrive, they were required to be bolted to the floor. This work
was originally planned for another contractor.
There are some other reasons for the budget overage like keeping up with the tight/compressed construction schedule
and related overtime issues.
Therefore staff is requesting a revised NTE budget of $333,508 which is a difference of $127,208 from the original
contract of $206,300.
A&M has made some financial concessions in which several hundred hours were not billed to the County.
Finally, even with all these changes there is approximately $240,000 in reserve (unspent) in the Furniture, Fixtures &
Equipment budget.

Budget Implications
Contract Amendment for A&M Business Interior Services ‐ 1

Funding Description
Funding Sources
Building Fund

Fund Type
Non­Budgeted Project Request

Detail
from Acct# 44­862­000­0000­6277

Detail 2

Amount

not to exceed 333,508

Funding Total

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Regular Board Meeting

Agenda Item# 8
5 minutes @ 9:25 am

Agenda Item
School District Tax Abatement

Department

Administration

Presenter

Steve Taylor

Desired Board Action
Motion to Approve
1. Authorize the County Administrator to request that the Becker School District abate its property taxes for a proposed
data center project pursuant to Minn. Stat. § 469.1813, subd. 6(b).
2. Motion to approve to hold a Public Hearing for a tax abatement application on March 26th at 9:00 am or soon
thereafter.

Strategic Initiative
Encourage Economic Vitality

Background Justification
The County has received an application to abate property taxes for a proposed Google data center in the Becker/Sherco
Business Park. The application requests that the County abate taxes for a 20­year period. Typically, the County may
not abate taxes for more than 15 years. But State law allows the County to ask that other political subdivisions where
the property is located also abate their taxes. If at least one political subdivision declines, the County may increase the
abatement period to up to 20 years. In order to bring the current 20­year abatement request to the County Board for
consideration, the County must first ask the School District whether it will abate its taxes. If the School District agrees,
the County will need to adjust the current abatement request down to no more than 15 years. If the School District
declines, the County may then consider the 20­year request.

Budget Implications
Funding Description
not applicable
Funding Sources

Fund Type

Detail

Detail 2

Amount
Funding Total 0.00

School District Tax Abatement ‐ 1

Steven H. Taylor
County Administrator
Sherburne County Government Center
13880 Business Center Drive
Suite 100
Elk River, MN 55330-4668
[email protected]
(763) 765-3006
1-800-433-5228

February 20, 2019

Dr. Stephen Malone and
Members of the Becker School Board
I.S.D. 726
12000 Hancock Street
Becker, MN 55308

Dear Becker School Board Members and Superintendent Malone:
As you know, Xcel Energy intends to close two of the three units at the Sherco Generating Station
by 2023 and 2026. This will result in a substantial number of job cuts and an extraordinary loss of
tax base for the City, County and the School District. To prepare for this, the City and County have
been working with Xcel to create a state-of-the-art business park that will draw new businesses and
capital investment into the area. We are pleased to inform you that as a result of these efforts,
Google has expressed interest in developing a large data center facility on part of the Xcel property.
If it moves forward, the project intends to invest $300,000,000 in construction costs alone, will
create 2,300 construction jobs during a two-year construction phase and will employ 50 people full
time when completed with annual salaries totaling $4,000,000. We estimate that the project will
have an over $7,000,000 annual impact on the County’s economy after completion. This is an
exciting opportunity to kick-off the business park with a Fortune 100 company, while also enabling
the City to expand the infrastructure necessary to draw even more businesses to the area, all of which
will be necessary if we are to stabilize the area’s tax base in the long-term.
As part of the site selection process, and in light of the substantial local investments being made, the
project has applied for tax abatement under the County’s tax abatement financing program. That
program allows the County to abate property taxes when the County determines that the economic
benefits of a new or expanding business will outweigh the amount of taxes being abated. In this
case, the project has requested that the County abate all of the County property taxes resulting from
improvements to the property, for a 20-year period. Typically, the County may not abate taxes for
more than 15 years. But under Minn. Stat. § 469.1813, subd. 6(b), the County may ask that other
political subdivisions where the property is located also abate their taxes, and if at least one political
subdivision declines, the County may increase the abatement period to up to 20 years.

1

Becker School Board
February 20, 2019
p.2
Accordingly, please consider this letter to be Sherburne County’s request pursuant to Minn. Stat. §
469.1813, subd. 6(b) that I.S.D. 726 abate its property taxes for the following parcels:
05-202-1201 05-335-2100 05-335-2301 05-335-3100
05-335-3200 05-335-3205 05-335-3400.
If you agree to do so, the County will adjust the abatement request it is considering downward. If
you decline, we will continue to process the applicant’s request for a 20-year abatement.
We respectfully ask that you consider this request at the School Board’s next available meeting and
that you promptly inform us of your decision in writing, so that we may timely act on the applicant’s
request. In the meantime, if you have any questions or would like additional information, please
contact me at your convenience.

Sincerely,

Steven H. Taylor
Sherburne County Administrator

cc:

Greg Pruszinske, Becker City Administrator

2

Sherburne County
Request for Board Action
February 19, 2019 ­ County Board Meeting
Ditch Authority

Agenda Item# 10
DA­1
Other @ 9:30 am

Agenda Item
Ditch Authority Meeting

Department

Auditor/Treasurer

Presenter

Diane Arnold

Desired Board Action
Motion to Approve
Open Ditch Authority Meeting­attached is the Agenda and Ditch Inspector report for your review.

Strategic Initiative
Enhance and Expand Partnerships while creating an informed public

Background Justification
Ditch Authority Meeting

Budget Implications
Funding Description
not applicable
Funding Sources

Fund Type

Detail

Detail 2

Amount
Funding Total 0.00

Ditch Authority Mee ng ‐ 1

Sherburne County
DITCH AUTHORITY
County Board Meeting Room, Government Center, Elk River, MN 55330
Tuesday, February 19, 2019
9:30 a.m.

1.

Approve Meeting Agenda

2.

Ditch Drainage Technician’s Report

3.

Other Business

4.

Set next meeting date for April 23, 2019
Adjourn

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DISCLAIMER: Sherburne County does not warrant the accuracy nor the correctness
of the information contained in this map. It is your responsibility to verify the accuracy
of this information. In no event will Sherburne County be liable for any damages,
including loss of business, lost profits, business interruption, loss of business information
or other pecuniary loss that might arise from the use of this map or the information it
contains. Map information is believed to be accurate but accuracy is not guaranteed.
Any errors or omissions should be reported to Sherburne County Public Works.
Path:
H:\GIS\GIS_Maps\Custom\PublicWorks\CountyDitches\Ditch15_30_34.mxd
Map Updated: 12/11/2017

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425 JACKSON AVE
ELK RIVER, MN 55330
(763)765-3300

Date
Revision

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Design By:

Checked By:

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2,400
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