10-23-2024 Recycling Board PacketSHERBURNE COUNTY MUNICIPAL RECYCLING BOARD OF DIRECTOR’S MEETING
OCTOBER 23, 2024
Meeting conducted via: Teams
4:00 PM
1.Introductions
2.Call Meeting to order
3.Appoint officers
4.Consider Becker’s request for termination of the
JPA - Lerud
5.Adopt Resolution 24-1
6.Other business
7.Adjourn
200 Coon Rapids Blvd. NW
Suite 400
Coon Rapids, MN 55433
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EXPERIENCE|TRUST|RESULTS
Charles M. Seykora Bradley A. Kletscher Cathryn D. Reher Lindsay K. Fischbach Ashley Kemplin-Gamm * Senior Counsel
Beverly K. Dodge Timothy D. Erb Jason C. Brown Tyler W. Eubank Kate R. Fredrickson Joel T. LeVahn
Joan M. Quade * Adriel B. Villarreal Thomas R. Wentzell Bobbi Hermanson-Albers James S. Robbins * Of Counsel
John T. Buchman * Tammy J. Schemmel David R. Schaps Erik C. Ordahl * Jacob W. LeVahn James H. Wills *
Scott M. Lepak Carole Clark Isakson Carla J. Pedersen Stephany J. Elmer Jamie L. Carrell Scott M. Hagel
William F. Huefner Joseph J. Deuhs, Jr. Kristin L. Kingsbury * Rachel L. Farhi Travis J. Lutz Robert A. LaFleur
* Also Licensed
In Wisconsin
Barna, Guzy & Steffen, Ltd.
763.780.8500
MEMORANDUM
To: Becker City Staff
From: Scott Lepak and David Schaps, City Attorney’s Office
RE: Procedural Steps for Dissolution of Sherburne County Municipal Recycling Board
Date: April 24, 2024
Please allow this short memorandum to serve as a roadmap to pursuing and effectuating the
dissolution of the Sherburne County Municipal Recycling Board (“Recycling Board”). The
Recycling Board is organized under a Joint Powers Agreement between the cities of Becker, Big
Lake, Elk River, and Zimmerman. It is our understanding that the Recycling Board’s functions are
no longer being carried out by the member cities on the Recycling Board, rather the responsibilities
are being accomplished, to the extent required, by individual member cities.
Listed below are the steps to pursue dissolution of the Recycling Board, as laid out in the Joint
Powers Agreement.
Initial Steps:
1. Any initial member may petition the Board to terminate this Agreement. This petition is then
transmitted to the Recycling Board. Becker will initiate this petition process – see attached
draft Resolution of Petition of Dissolution.
2. Upon thirty days’ notice in writing to the Clerk of the governing body of each initial member,
the Recycling Board shall hold a hearing.
3. Upon three-fourths vote of all of the Recycling Board Directors eligible to vote, the
Recycling Board may, by resolution, recommend to the initial member cities that the
Agreement be terminated.
4. The resolution shall be submitted to the governing body of each initial member.
5. If ratified by three-fourths of the governing bodies (each City Council) of all initial members
within 60 days, the Recycling Board shall terminate the Agreement. This will require the
Recycling Board to meet and pass a resolution formally terminating the Recycling Board as
a body and the JPA Agreement, subject to the time line listed below.
6. The Recycling Board must allow a reasonable time to complete work in progress and to
dispose of personal property owned by the Recycling Board.
Once the Agreement is Legally Terminated and the Dissolution has been Approved:
• Upon dissolution, all property purchased or owned pursuant to the JPA Agreement shall be
sold (Zimmerman Skid Loader, any other property).
• The proceeds thereof, together with monies on hand, shall be distributed to the initial
current members. There should be a record of the accounting process and the distribution.
• The distribution of assets shall be made in proportion to the total contributions by the initial
members over the entire duration of the Agreement.
• Additional members shall not be entitled to any distribution of assets.
Finally, the Recycling Board shall continue to exist after dissolution for such a period, no longer
than six months, as necessary to complete its affairs, but for no other purpose.
Please let us know if you have any questions or need additional information.
RESOLUTION 24-72
A RESOLUTION OF PETITION FOR DISSOLUTION
OF THE SHERBURNE COUNTY MUNICIPAL RECYCLING BOARD
WHEREAS, the City of Becker is part of the Sherburne County Municipal Recycling
Board (hereinafter referred to as the “Recycling Board”); and,
WHEREAS, the Recycling Board is comprised of the Cities of Becker, Big Lake, Elk
River, and Zimmerman; and,
WHEREAS, the Recycling Board has been in existence since 1999, organized for the
purposes of directing and controlling the acquisition and use of shared municipal
equipment and tools; and,
WHEREAS, the Recycling Board is formed under a Joint Powers Agreement made
between the member cities of the Recycling Board pursuant to the authority conferred up on
the parties to the Agreement under Minnesota Statutes Section 471.59; and,
WHEREAS, the Recycling Board, and the activities that it was created to acquire, and
use no longer exist, as the member cities can accomplish the purposes of the Recycling
Board, if or as required, on their own.
NOW THEREFORE, THE CITY OF BECKER PETITIONS THE SHERBURNE COUNTY
MUNICIPAL RECYCLING BOARD AS FOLLOWS:
1. Based upon the findings in the aforementioned recitals and findings herein, it is the
determination of the City of Becker that the conditions for the creation and continued
operation of the Sherburne County Municipal Recycling Board no longer exist.
2. The City of Becker formally petitions, directs and requests that the Sherburne County
Municipal Recycling Board proceed with the requirements of dissolution of the Sherburne
County Municipal Recycling Board, and the formal termination of the Joint Powers
Agreement between the member cities.
3. The City of Becker proposes, pursuant to the requirements of the Joint Powers Agreement,
that all funds distributed back to the member cities, and shall be divided by the Recycling
Board pursuant to Section 13.2 in proportion to the total contribution by the initial members
over the entire duration of the Agreement.
4. The City Clerk is directed to transmit a certified copy of this petition for dissolution to the
Board of the Sherburne County Municipal Recycling Board.
Adopted this _____ day of September, 2024
_________________________
Tra cy Bertram, Mayor
`
ATTEST:
_____________________________
Shannon Mortenson, City Clerk
RESOLUTION 24-01
A RESOLUTION RECOMMENDING THE TERMINATION OF THE SHERBURNE COUNTY
MUNICIPAL RECYCLING BOARD
WHEREAS, in 1999 the cities of Becker, Big Lake, Elk River and Zimmerman entered into
a Joint Powers Agreement (JPA) establishing the “Sherburne County
Municipal Recycling Board” (Board); and,
WHEREAS, the purpose of the Agreement was to establish a Board of Directors to direct
and control the acquisition and use of shared municipal equipment and
tools; and,
WHEREAS, the JPA provided a process to Terminate the Agreement; and,
WHEREAS, the City of Becker has provided Resolution 24-72 that formally requests the
JPA be terminated and dissolved; and
NOW, THEREFORE BE IT RESOLVED, pursuant to the provisions of the JPA, the Board of
Directors of the Sherburne County Municipal Recycling Board finds that the
purposes and needs for entering into the JPA and establishing the Board no
longer exist.
BE IT FURTHER RESOLVED, that the Board recommends the following:
1. That each initial party’s city council pass a Resolution terminating the Board as a
body and the JPA agreement within 60 days of the date of this Resolution.
2. If all cities consent to the termination, that this Board meet again within 60 days of
the passage of this Resolution to formally terminate the Agreement and take the
steps necessary to dispose of any personal property and distribute any proceeds or
monies, if any, in proportion to the total contributions made by the initial members
over the duration of this Agreement.
Adopted this ____ day of October, 2024.
________________________________
ATTEST Board Chair
____________________________
Board Secretary