On the agenda: Blue Earth County meeting — Data Center (May 12)

Board of Commissioners
Agenda
May 12, 2026
Location: Board Room, Historic Courthouse
9:00 A.M.

1. Pledge of Allegiance to the Flag
2. Agenda Review
3. Economic Development Authority (1)
4. Drainage
Drainage Staff
- County Ditch 88, Motion to Stay (2)
- County Ditch 93, Motion to Stay (3)
- Judicial Ditch 33, Appoint Viewers (4)
- Judicial Ditch 33, Set Redetermination of Benefits Hearing (5)
- County Ditch 28, Set Partial Abandonment Hearing (6)
- County Ditch 65, Set Redetermination of Benefits and Repair
Hearings (7)
5. Property and Environmental Resources
Michael Stalberger, Property and Environmental Resources Director
- Minnesota River-Mankato Watershed Joint Powers Agreement (8)
- Tax Abatement Policy (9)
6. Public Works (10)
Ryan Thilges, County Engineer
7. County Attorney (11)
Pat McDermott, County Attorney

*Continued to Next Page*

1

8. Administration
Joshua Milow, County Administrator
- County Board Minutes of April 21, 2026 (12)
- Bills for the weeks of: (13)
April 16-22, 2026
April 23-29, 2026
April 30-May 6, 2026
- Human Resources (14)
- Revised Board Calendar (15)
- County Board of Appeal and Equalization Reappointment (16)
- Acceptance of Resignation of Commissioner Mark Piepho (17)
- Special Election Blue Earth County Commissioner District 3 (18)
- April Financial Status Report (19)
9.
11:30 AM

Commissioners’ Reports on Committees
Lunch at Sadaka Deli, Mankato
Public Invited to Attend

To livestream the Board meeting visit: www.blueearthcountymn.gov/youtube

2

UPCOMING MEETINGS
May 7, 2026 - May 26, 2026
Date
Time
Meeting
May 3-8
NACo WIR Conference
7-May 10:00 AM Statewide Emergency Communications Board Legislative Meeting
1:00 PM NACo Transportation Policy Steering Committee Meeting
4:00 PM Blue Earth County Soil and Water District Meeting
11-May 9:00 AM County Ditch 64, Landowner Meeting
10:15 AM Judicial Ditch 33, Landowner Meeting
3:00 PM Minnesota River - Mankato One Watershed One Plan Meeting
12-May 8:30 AM Joint Drainage Meeting with Waseca County
9:00 AM County Board Meeting
13-May 1:00 PM MICA Board Meeting
4:30 PM Region 9 Development Council Board Meeting
14-May 9:00 AM Community Liaison Meeting
4:00 PM Library Board Meeting
15-May 1:00 PM Greater Blue Earth River Basin Alliance Board Meeting
18-May 9:00 AM County Ditch 60 Landowner Meeting
2:00 PM NACo Agriculture & Rurual Affairs Committee Meeting
6:00 PM MVAC Board Meeting
19-May 1:00 PM NACo Regional Meeting
20-May 11:30 AM Greater Mankato Growth Chamber Lunch - Data Centers
3:00 PM ISG Meeting
4:00 PM National Emergency Services Week Open House
21-May 9:30 AM TdS Board Meeting
10:30am ISG Agricultural Draiange and Futuer Water Quality Tour
12:00 PM NACo Rural Action Caucus Meeting
26-May 8:15 AM Joint Drainage Meeting with Le Sueur County
9:00 AM County Board Meeting
County Board Work Session - Following Board Meeting
1:30 PM Joint Drainage Meeting with Brown and Watonwan Counties

Location
Hyatt Regency Maui Resort and Spa
Virtual
Virtual
USDA Service Center
Third Floor Conference Room, Historic Courthouse
Third Floor Conference Room, Historic Courthouse
Nicollet County Health & Human Services Office
Board Room, Historic Courthouse
Board Room, Historic Courthouse
MICA Office
Region 9 Office
St. Peter Forensic Services Building
Blue Earth County Library
Cottonwood Soil & Water Conservation District Office
Third Floor Conference Room, Historic Courthouse
Virtual
MVAC Office
Virtual
Courtyard by Marriott Hotel
The Venue
Mayo Clinic Ambulance Service Station 2
TdS Office
Viarous locations in Southern Minnesota
Virtual
Board Room, Historic Courthouse
Board Room, Historic Courthouse
2nd Floor Meeting Room, Historic Courthouse
Board Room, Historic Courthouse

City, State
Lahaina, HI
N/A
N/A
Mankato, MN
Mankato, MN
Mankato, MN
St. Peter, MN
Mankato, MN
Mankato, MN
St. Paul, MN
Mankato, MN
St. Peter, MN
Mankato, MN
Windom, MN
Mankato, MN
N/A
Mankato, MN
N/A
Mankato, MN
Mankato, MN
Mankato, MN
Mankato, MN
Madison Lake, MN
N/A
Mankato, MN
Mankato, MN
Mankato, MN
Mankato, MN

3

Blue Earth County
Economic Development Authority
Meeting Agenda
May 12, 2026

1. Call to Order
2. Agenda Review
3. Minutes of April 21, 2026 (1)
4. Appointment of Executive Director Joshua Milow
5. Intergovernmental Agreement with the Economic Development Authority of
Mankato (2)
6. Property Management Agreement with the City of Mankato for RAD/Section 18
Units (3)
7. Adjourn

4

Blue Earth County
Economic Development Authority
April 21, 2026
A Blue Earth County Economic Development Authority meeting was held on April
21, 2026 at 9:07 AM in the Boardroom, Blue Earth County Courthouse.
Attending were Commissioners Kip Bruender, Patty O’Connor, Kevin Paap, Mark
Piepho, Vance Stuehrenberg and Executive Director Robert Meyer.
The meeting was called to order.
Commissioner Paap moved and Commissioner Bruender seconded the motion to
approve the agenda with the revised dollar amount for the Housing Trust Fund Loan to
Support RAD/Section 18 Conversion. The motion carried. EDA26-14
Commissioner Bruender moved and Commissioner Piepho seconded the motion
to approve the March 17, 2026 Economic Development Authority minutes. The motion
carried. EDA26-15
Mr. Dustin Bornholdt, City of Mankato, Ms. Nancy Bokelmann, City of Mankato,
Ms. Mary Grack, Southwest Minnesota Housing Partnership, and Mr. Andrew Pietsch,
Blue Earth County presented the following item to the Board:
Commissioner Stuehrenberg moved and Commissioner Piepho seconded the
motion to approve the following:
Resolution Accepting Bid on
Improvement Number 11208
WHEREAS, pursuant to an advertisement for bids for Improvement Number 11208,
Blue Earth County RAD Conversion Improvements – Bid Package Appliances, bids
were received, opened, and tabulated according to the law, and the following bid was
received complying with the advertisement:
Company Name City, State Bid Amount
Quality Appliance Mankato, MN $114,900.00
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5

Appliance Discount Outlet Rome, GA $129,799.80
AND WHEREAS, it appears that Quality Appliance of Mankato, MN is the lowest
responsible bidder;
NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT
AUTHORITY OF BLUE EARTH COUNTY, MINNESOTA:
1. The Executive Director is hereby authorized and directed to enter contract with
Quality Appliance of Mankato, MN in the name of the Economic Development
Authority of Blue Earth County, for improvements at Blue Earth County EDA sites
to meet the plans and specifications therefore approved by the Authority and on
file in the office of the Executive Director.
The motion carried. EDA26-16
Commissioner Bruender moved and Commissioner Stuehrenberg seconded the
motion to approve the following:
Resolution Accepting Bid on
Improvement Number 11208
WHEREAS, pursuant to an advertisement for bids for Improvement Number 11208,
Blue Earth County RAD Conversion Improvements – Bid Package Exterior, bids were
received, opened, and tabulated according to the law, and the following bid was
received complying with the advertisement:
Company Name City, State Bid Amount
Nielsen Blacktopping and Concrete, INC. Kasota, MN $194,900.00
AND WHEREAS, it appears that Nielsen Blacktopping and Concrete, Inc. of Kasota,
MN is the lowest responsible bidder;
NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT
AUTHORITY OF BLUE EARTH COUNTY, MINNESOTA:
1. The Executive Director is hereby authorized and directed to enter contract with
Nielsen Blacktopping and Concrete, Inc. of Kasota, MN in the name of the
Economic Development Authority of Blue Earth County, for improvements at Blue
Earth County EDA sites to meet the plans and specifications therefore approved
by the Authority and on file in the office of the Executive Director.
The motion carried. EDA26-17
Commissioner Bruender moved and Commissioner Stuehrenberg seconded the
motion to approve the following:
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6

RESOLUTION ACCEPTING BID ON
IMPROVEMENT NUMBER 11208
WHEREAS, pursuant to an advertisement for bids for Improvement Number 11208,
Blue Earth County RAD Conversion Improvements – Bid Package Flooring, bids were
received, opened, and tabulated according to the law, and the following bid was
received complying with the advertisement:
Company Name City, State Bid Amount
Craig Hertaus Construction Montgomery, MN $384,362.40
Wilcon Construction Services Mankato, MN $401,000.00
AND WHEREAS, it appears that Craig Hertaus Construction of Cleveland, MN is the
lowest responsible bidder;
NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT
AUTHORITY OF BLUE EARTH COUNTY, MINNESOTA:
1. The Executive Director is hereby authorized and directed to enter contract with
Craig Hertaus Construction of Montgomery, MN in the name of the Economic
Development Authority of Blue Earth County, for improvements at Blue Earth
County EDA sites to meet the plans and specifications therefore approved by the
Authority and on file in the office of the Executive Director.
The motion carried. EDA26-18
Commissioner Stuehrenberg moved and Commissioner Bruender seconded the
motion to approve the following:
RESOLUTION ACCEPTING BID ON
IMPROVEMENT NUMBER 11208
WHEREAS, pursuant to an advertisement for bids for Improvement Number 11208,
Blue Earth County RAD Conversion Improvements – Bid Package Mechanical, bids
were received, opened, and tabulated according to the law, and the following bid was
received complying with the advertisement:
Company Name City, State Bid Amount
Quality Appliance Mankato, MN $199,500.00
Skogen Mechanical Mankato, MN $325,000.00
Adams Mechanical Mankato, MN $251,176.00
AND WHEREAS, it appears that Quality Appliance of Mankato, MN is the lowest
responsible bidder;
NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT
AUTHORITY OF BLUE EARTH COUNTY, MINNESOTA:
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7

1.
The Executive Director is hereby authorized and directed to enter contract with
Quality Appliance of Mankato, MN in the name of the Economic Development Authority
of Blue Earth County, for improvements at Blue Earth County EDA sites to meet the
plans and specifications therefore approved by the Authority and on file in the office of
the Executive Director.
The motion carried. EDA26-19
Commissioner Stuehrenberg moved and Commissioner Piepho seconded the
motion to approve the following:
Resolution Authorizing the Allocation of Housing Trust Fund
Resources to Support Connections Shelter Summer Expansion
WHEREAS, the Blue Earth County Economic Development Authority (EDA) is
committed to supporting housing stability and addressing homelessness through
strategic investment of Housing Trust Fund resources; and
WHEREAS, the Mankato area currently experiences a critical gap in emergency shelter
services during the summer months, contributing to increased unsheltered
homelessness, encampments, and reliance on emergency services; and
WHEREAS, Connections Shelter has demonstrated the organizational capacity,
experience, and infrastructure necessary to provide effective, low-barrier emergency
shelter services grounded in Housing First, harm reduction, and trauma-informed care;
and
WHEREAS, Connections Shelter proposes to expand its operations to provide
continuous overnight shelter services from May 1 through September 30, 2026,
including case management and coordinated entry participation to support housing
stability; and
WHEREAS, the total cost of the proposed summer expansion is $145,283, with $10,000
secured from Community Development Block Grant (CDBG) funding and the remaining
$135,283 requested from the Housing Trust Fund; and
WHEREAS, this investment will provide continuous shelter access, improve housing
outcomes through uninterrupted case management, reduce strain on emergency
services, and support a coordinated, year-round response to homelessness; and
WHEREAS, the proposed funding aligns with community priorities related to housing
stability, public health, and equitable access to services;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Blue
Earth County Economic Development Authority as follows:
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8

1. The EDA Board hereby authorizes the allocation of Housing Trust Fund
resources in an amount not to exceed $135,283 to Connections Shelter for the
purpose of supporting expanded summer emergency shelter operations from
May 1 through September 30, 2026.
2. The funding shall be contingent upon the execution of a funding agreement,
including standard terms, conditions, and reporting requirements as determined
by EDA staff.
The motion carried. EDA26-20
Commissioner Bruender moved and Commissioner Piepho seconded the motion
to approve the following:
Resolution Authorizing the Executive Director to Enter into a
Contract with Partnership Community Land Trust
For Implementation Services for a Community Land Trust
WHEREAS, the Blue Earth County Economic Development Authority (EDA) has
undertaken a variety of action steps to promote the development and preservation of
affordable housing; and
WHEREAS, a community land trust is one strategy to promote and preserve
single family affordable housing; and
WHEREAS, Southwest Minnesota Housing Partnership operates the Partnership
Community Land Trust in other communities; and
WHEREAS, Southwest Minnesota Housing Partnership has expanded their
Partnership Community Land Trust, LLC (PCLT) in Mankato to create affordable
homeownership and preserving the affordability of homeownership for future owners;
and
WHEREAS, it is anticipated that successful development of the project will
require participation from the EDA through financial support of $75,000 in funding for
Five (5) single family homes; and
WHEREAS, Partnership Community Land Trust applied for Phase V of the
community land trust to the Minnesota Housing Finance Agency under the Super RFP
in July 2025 and was not funded; and
WHEREAS, Partnership Community Land Trust applied for Phase V of the
community land trust to Housing Partnership Network seeking New Market Tax Credits
in July 2023; and

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9

WHEREAS, Partnership Community Land Trust Phase V application for funding
through the Housing Partnership Network was awarded New Market Tax Credits to
construct five (5) new homes in Mankato in October 2024; and
WHEREAS, a Phase V contract will facilitate the new construction of Five (5)
single-family homes within the City of Mankato for prospective homebuyers at or below
80% of AMI per the application funding awards for completion by December 31, 2027.
NOW, THEREFORE, BE IT RESOLVED THAT the Executive Director is hereby
authorized to execute the Phase V contract with Partnership Community Land Trust
providing $75,000 from the Affordable Housing Trust Fund for the construction of five
(5) new homes on a pay as you go basis.
The motion carried. EDA26-21
Commissioner Stuehrenberg moved and Commissioner Paap seconded the
motion to approve the following:
RESOLUTION AUTHORIZING THE RAD/SECTION 18 CONVERSION AND
DISPOSITION TO BLUE EARTH COUNTY
WHEREAS, the Economic Development Authority of Blue Earth County (EDA) owns and
operates certain public housing units located throughout Blue Earth County, Minnesota,
including (i) Breckenridge Apartments, a mixed-finance public housing development
consisting of eighteen (18) units, of which nine (9) are public housing Annual
Contributions Contract (ACC) units, and (ii) forty-seven (47) scattered site units located
throughout Blue Earth County (collectively, the Development); and
WHEREAS, the EDA previously disposed of nineteen (19) public housing scattered site
units pursuant to Section 18 of the United States Housing Act of 1937 as amended the
(Section 18 Units) to Blue Earth County (County) on September 30, 2025; and
WHEREAS, the EDA has applied for and received HUD approval to convert the remaining
public housing units, including forty-seven (47) scattered site units and Breckenridge
Apartments, to long-term Section 8 assistance under HUD’s Rental Assistance
Demonstration program (RAD), together with a Section 18 blend (collectively the
RAD/Section 18 Conversions); and
WHEREAS, the EDA will sell the Development to the County for a nominal amount; and
WHEREAS, in connection with the RAD/Section 18 Conversions, the EDA will enter into
four (4) RAD Section 8 Project-Based Voucher Housing Assistance Payments contracts
(RAD Section 8 PBV HAP Contracts) with the County and act as contract administrator
for the receipt of subsidy from HUD for the converted units; and
WHEREAS, the EDA operates a Housing Choice Voucher (HCV) program and, through
its administration in partnership with the Economic Development Authority of Mankato,
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MN (MEDA), possesses sufficient administrative capacity to satisfy applicable HUD
requirements for the administration of RAD Project-Based Vouchers (PBV);
WHEREAS, there is no financing or low-income housing tax credits in connection with
the RAD/Section 18 Conversions; and
WHEREAS, the Development’s tax exemption will continue pursuant to a payment in lieu
of tax agreement (PILOT); and
WHEREAS, the EDA has been informed of the foregoing transactions and has
determined that it is in the best interests of the EDA and the residents it serves to proceed
with such actions.
NOW, THEREFORE, BE IT RESOLVED THAT the EDA supports and hereby authorizes
and approves the contemplated RAD/Section 18 Conversions; and it is
FURTHER RESOLVED, that the EDA hereby authorizes and approves the disposition
and sale of the Section 18 Units by the Authority to the County for nominal consideration,
and authorizes the County to acquire, own, and operate such units as affordable housing;
and it is
FURTHER RESOLVED, that the EDA is hereby authorized to enter four (4) PBV
HAP Contracts with the County in connection with the RAD/Section 18
Conversions for the receipt of subsidy for the applicable units, and to administer
such contracts in accordance with HUD requirements; and it is
FURTHER RESOLVED, that the Executive Director of the Authority (the Executive
Director), or her designee, is hereby authorized and directed, for and on behalf of the
Authority, to negotiate, execute, and deliver all agreements, documents, instruments, and
certifications, including but not limited to purchase and sale agreements, RAD Section 8
PBV HAP contracts, management agreements, and any ancillary documents, and to take
any and all actions deemed necessary or appropriate to carry out the intent and purposes
of this Resolution;
FURTHER RESOLVED, that all prior actions taken by the Executive Director, or her
designee, in furtherance of the foregoing transactions are hereby ratified, confirmed, and
approved in all respects; and it is
FURTHER RESOLVED, that all prior actions taken by the Executive Director, or her
designee, in furtherance of the foregoing transactions are hereby ratified, confirmed, and
approved in all respects.
This resolution shall become effective immediately upon passage and without publication.
The motion carried. EDA26-22

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Commissioner Bruender moved and Commissioner Piepho seconded the motion
to approve the following:
Resolution Approving Acquisition of Certain Property
Owned by the Economic Development Authority
Of Blue Earth County
WHEREAS, the Economic Development Authority of Blue Earth County (EDA) owns and
operates certain public housing units located throughout Blue Earth County, Minnesota,
including (i) Breckenridge Apartments, a mixed-finance public housing development
consisting of eighteen (18) units, of which nine (9) are public housing Annual
Contributions Contract (ACC) units, and (ii) forty-seven (47) scattered site units located
throughout Blue Earth County (collectively, the Development); and
WHEREAS, the EDA previously disposed of nineteen (19) public housing scattered site
units pursuant to Section 18 of the United States Housing Act of 1937 as amended the
(Section 18 Units) to Blue Earth County (County) on September 30, 2025; and
WHEREAS, the EDA has applied for and received HUD approval to convert the remaining
public housing units, including forty-seven (47) scattered site units and Breckenridge
Apartments, to long-term Section 8 assistance under HUD’s Rental Assistance
Demonstration program (RAD), together with a Section 18 blend (collectively the
RAD/Section 18 Conversions); and
WHEREAS, the EDA has determined that it is in the best interest of the public to convey the
Property to the County; and
WHEREAS, the EDA will sell the Development to the County for a nominal amount; and
WHEREAS, the County is interested in owning the Property; and
WHEREAS, in connection with the RAD/Section 18 Conversions, the EDA will enter four
(4) RAD Section 8 Project-Based Voucher Housing Assistance Payments contracts (RAD
Section 8 PBV HAP Contracts) with the County and act as contract administrator for the
receipt of subsidy from HUD for the converted units; and
WHEREAS, the EDA operates a Housing Choice Voucher (HCV) program and, through
its administration in partnership with the Economic Development Authority of Mankato,
MN (MEDA), possesses sufficient administrative capacity to satisfy applicable HUD
requirements for the administration of RAD Project-Based Vouchers (PBV);
WHEREAS, the County and MEDA desire to enter into a management agreement
pursuant to which MEDA will manage and operate the RAD/Section 18 Units in
accordance with RAD requirements and applicable HUD regulations; and
NOW THEREFORE, BE IT RESOLVED by the Board of Blue Earth County authorizes
the conveyance of the Property by quit claim deed from the EDA to the County.
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FURTHER RESOLVED, that the County is hereby authorized to enter into the
Management Agreement with MEDA, pursuant to which the MEDA shall provide
management and operational services for the RAD/Section 18 Units in compliance
with RAD program requirements, HUD regulations, and the RAD Section 8 PBV
HAP contracts; and it is
FURTHER RESOLVED, that the County Administrator, or their designee, is hereby
authorized and directed, for and on behalf of the County, to negotiate, execute, and
deliver all agreements, documents, instruments, and certifications, including but not
limited to purchase and sale agreements, RAD Section 8 PBV HAP contracts,
management agreements, and any ancillary documents, and to take any and all actions
deemed necessary or appropriate to carry out the intent and purposes of this
Resolution;
The motion carried. EDA26-23
Commissioner Stuehrenberg moved and Commissioner Piepho seconded the
motion to approve the following:
A Resolution Approving a Housing Trust Fund Loan to
Support the RAD/ Section 18 Small PHA Blend
Conversion to Project-Based Vouchers
WHEREAS, the Economic Development Authority of Blue Earth County (EDA) is
undertaking the conversion of its public housing portfolio under the RAD/Section 18
Small PHA Blend program to Project-Based Vouchers (PBVs) in order to preserve
affordable housing, improve property conditions, and ensure long-term financial
sustainability; and
WHEREAS, a Physical Needs Assessment (PNA) and supporting financial analysis
have identified necessary rehabilitation work, required Initial Deposit to Replacement
Reserves (IDRR), and the need for operating reserves to support stable program cash
flows; and
WHEREAS, the EDA has committed available Public Housing Capital Funds and
Program Reserve Funds toward the conversion; and
WHEREAS, despite these commitments, a cashflow gap of $596,310 remains, which
must be addressed to successfully complete the conversion and ensure financial
viability; and
WHEREAS, the use of Housing Trust Fund dollars as a short-term financing source will
enable the Authority to complete required rehabilitation, fund reserves, and stabilize
operations during the transition period; and

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WHEREAS, the requested Housing Trust Fund loan will be in an amount not to exceed
$600,000, structured as a zero-interest, repayable cashflow loan over a term of five (5)
years; and
WHEREAS, the Authority anticipates repayment of the loan from stabilized operating
revenues following conversion to the PBV platform.
NOW, THEREFORE, BE IT RESOLVED the request for a Housing Trust Fund loan in
an amount not to exceed $600,000 is hereby approved by the EDA. The loan shall be
provided at zero percent (0%) interest and shall be repayable over a period not to
exceed five (5) years from the date of disbursement.
BE IT FURTHER RESOLVED that loan proceeds shall be used for eligible conversionrelated costs, including, but not limited to, capital improvements identified in the
Physical Needs Assessment and operating reserves necessary to support program
cash flow stabilization.
BE IT FURTHER RESOLVED the Executive Director is hereby authorized to execute all
necessary documents, agreements, and certifications required to effectuate this loan
and to ensure compliance with all applicable program requirements.
BE IT FURTHER RESOLVED the EDA shall maintain appropriate financial oversight
and reporting to demonstrate the proper use and timely repayment of Housing Trust
Fund dollars.
The motion carried. EDA26-24
Commissioner Stuehrenberg moved and Commissioner Piepho seconded the
motion to adjourn the meeting at 9:29 A.M. The motion carried. EDA26-25

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14

Agenda Recommendation
Economic Development Authority
Date:
May 12, 2026

Agenda Item:
Resolution authorizing the Intergovernmental Agreement with the Economic
Development Authority of Mankato.

Recommendation/Action:

Adopt of the attached resolution.

Summary:

The Economic Development Authority of Blue Earth County (BECEDA) and the
Economic Development Authority of Mankato (MEDA) share a longstanding
commitment to ensuring access to safe, stable, and affordable housing. Recognizing
that housing challenges extend beyond jurisdictional boundaries, both parties have
worked to establish a coordinated regional approach to housing policy, investment, and
program delivery.
This collaboration includes the creation of the Affordable Housing Trust Fund (AHTF)
under Minnesota Statutes, Section 462C.16, and a joint Advisory Committee to guide
funding decisions. In addition, the partnership aligns key housing programs, including
the federal Housing Choice Voucher (HCV) Program and the state-funded Bring It
Home (BIH) Rental Assistance Program, to create a seamless and comprehensive
housing continuum.
The proposed Intergovernmental Agreement formalizes a unified framework for regional
collaboration across housing programs, funding tools, and policy initiatives. It
establishes clear roles, responsibilities, and coordination strategies to maximize impact,
reduce duplication, and improve housing outcomes across the region.
The agreement outlines a regional service area that extends beyond Blue Earth County
to include multiple partner counties through the BIH Program and reinforces
coordination with local HRAs, EDAs, and service providers.

Key Provisions

The Agreement includes:
•

A coordinated housing continuum addressing homelessness response, rental
assistance, housing development, and homeownership

15

•
•
•
•
•
•

Continued administration and shared oversight of the Affordable Housing Trust
Fund
Designation of the MEDA as administrator of the Housing Choice Voucher
Program on behalf of the County
Regional administration of the Bring It Home Rental Assistance Program in
partnership with multiple agencies
Defined roles for program administration, financial management, compliance,
and reporting
Commitments to data privacy, transparency, and equitable access to housing
services
A five -year initial term with options for renewal, amendment, and termination
provisions

Each party will remain responsible for its respective financial obligations. MEDA, as
administrator, will oversee program implementation, including financial management,
reporting, landlord engagement, and compliance with federal and state requirements.
Execution of this Agreement will strengthen regional coordination, improve efficiency in
housing program delivery, and support a comprehensive and equitable housing system
that better serves residents across the region.
Staff recommend the adoption of the resolution authorizing the Executive Director to
execute the Intergovernmental Agreement between the Economic Development
Authority of Blue Earth County and the Economic Development Authority of Mankato to
formalize regional housing collaboration and program administration.

Attachments:

Resolution
Intergovernmental Agreement

16

RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT TO
SUPPORT REGIONAL HOUSING COLLABORATION
AND THE ADMINISTRATION OF HOUSING PROGRAMS
WHEREAS, the Economic Development Authority of Blue Earth County (the “EDA”) is
committed to supporting access to safe, stable, and affordable housing for residents of the
community; and
WHEREAS, the EDA recognizes that housing challenges extend beyond jurisdictional
boundaries and require coordinated regional collaboration to effectively address homelessness,
housing instability, and affordability; and
WHEREAS, the EDA desires to formalize and strengthen regional housing coordination efforts
through an Intergovernmental Agreement with the Economic Development Authority of Mankato
to align housing resources, programs, and services; and
WHEREAS, the Intergovernmental Agreement establishes a unified framework for collaboration,
including coordination of the Affordable Housing Trust Fund, the Housing Choice Voucher
Program, and the Bring It Home Rental Assistance Program, and supports a comprehensive
housing continuum addressing homelessness response, rental assistance, and housing
development; and
WHEREAS, entering into the Intergovernmental Agreement will enhance the EDA’s ability to
deliver housing programs efficiently, reduce duplication of services, and improve housing
outcomes across the region;
NOW, THEREFORE, BE IT RESOLVED THAT The Economic Development Authority of Blue
Earth County hereby:
1. Authorizes and directs the Executive Director to execute the Intergovernmental
Agreement between the Economic Development Authority of Blue Earth County and the
Economic Development Authority of Mankato, and any related documents necessary to
implement the Agreement.
2. Further authorizes the Executive Director to take all actions necessary to carry out the
intent of this resolution, including the administration of programs, execution of
amendments consistent with the Agreement, and compliance with all applicable federal,
state, and local requirements.
Adopted on this 12th day of May 2026.

ATTEST:

Patty O’Connor, Chair

Joshua W Milow, Executive Director

17

Draft
Intergovernmental Agreement
For Cooperative Administration of the Housing Choice Voucher
Program and Affordable Housing Initiatives
This Intergovernmental Agreement (“Agreement”) is made and entered into by and between the
Economic Development Authority of Mankato, Minnesota, located at Intergovernmental
Center, 10 Civic Center Plaza, Mankato, MN 56001 (“City”), and the Economic Development
Authority of Blue Earth County, Minnesota, located at 204 S 5th Street, Mankato, MN 56001
(“County”). Together, the City and County are referred to as the “Parties.”
WHEREAS, the City approved this Agreement by action at its May 11, 2026, meeting
(Resolution No. __________) and the governing body of the County approved this Agreement
by action at its May 12, 2026 meeting (Resolution No. __________) .
NOW, THEREFORE, the County and the City agree as follows:

Background and Shared Intent
The City and County share a longstanding commitment to ensure that all residents have access
to safe, stable, and affordable housing. Recognizing that housing challenges extend beyond
jurisdictional boundaries, the Parties have taken deliberate steps to build a coordinated regional
approach to housing policy, investment, and program delivery.
Through the establishment of the Affordable Housing Trust Fund pursuant to Minnesota
Statutes, Section 462C.16, and the creation of a joint Advisory Committee, the Parties
formalized a collaborative structure for addressing housing needs. This work reflects a shared
understanding that housing stability is foundational to economic opportunity, public health, and
community vitality.
This collaboration includes the coordinated administration of both federal and state rental
assistance programs, specifically the Housing Choice Voucher (HCV) Program and the Bring
It Home (BIH) Rental Assistance Program, aligning these resources with local housing
development strategies to create a comprehensive and seamless housing continuum.
The Parties affirm a shared commitment to advancing housing equity and embracing the
principles of inclusion, fairness, and community-centered decision-making. This includes
prioritizing those most impacted by housing instability, expanding participation in housing
systems, and ensuring that all residents have the opportunity to live and thrive in a community
of their choice.
Purpose and Regional Scope
This Agreement establishes a unified framework for regional collaboration across housing
programs, funding tools, and policy initiatives. The intent is to align resources and

18

responsibilities in a manner that maximizes impact, reduces duplication, and improves housing
outcomes across the region.
The geographic scope of this collaboration extends beyond Blue Earth County to include a
broader regional service area for certain programs, including the Bring It Home Program, which
serves:
Blue Earth, Brown, Faribault, LeSueur, Martin, Nicollet, Pipestone, Rock, Sibley, Waseca,
and Watonwan Counties.
Within this framework, the Parties will work collaboratively with regional Housing and
Redevelopment Authorities (HRAs), Economic Development Authorities (EDAs), and partner
organizations to deliver housing assistance efficiently and equitably.
A Coordinated Housing Continuum
The Parties agree to pursue a comprehensive housing strategy that spans the full continuum of
need, including:
•
•
•
•
•

Homelessness prevention and response
Rental assistance for cost-burdened households
Development and preservation of affordable and workforce housing
Mixed-income housing strategies
Pathways to homeownership

Housing is considered affordable when a household pays no more than thirty percent (30%) of
its gross income toward housing costs, consistent with standards established by the U.S.
Department of Housing and Urban Development (HUD).
Affordable Housing Trust Fund
The Affordable Housing Trust Fund (AHTF) is a cornerstone of the Parties’ collaborative efforts.
It is designed as a permanent and renewable funding source to support the development,
preservation, and accessibility of affordable housing.
The Fund supports activities including new construction, rehabilitation, mixed-income
development, homelessness prevention, and financial assistance to households. It is
administered by the Mankato Economic Development Authority (EDA), with shared oversight
from both the City and County EDAs and guidance from the Affordable Housing Trust Fund
Advisory Committee.
All definitions, funding sources, governance structures, and eligible uses outlined in a separate
MOU that is attached in Exhibit A of this Agreement.
Housing Choice Voucher Program Coordination
Grant funding from the U.S. Department of Housing and Urban Development (HUD) through the
federal Housing Choice Voucher (HCV) Program for the administration of tenant-based and

19

project-based rental assistance that provides 579 Vouchers in Mankato164 vouchers in Blue
Earth County.
The City, which has established expertise in administering the federal HCV Program within Blue
Earth County, is being designated by the County to administer the program on its behalf as a
core component of the regional housing system. This designation includes aligning voucher
assistance with housing and supportive services to ensure that participating households can
access and maintain stable housing and seek economic independence.
Program administration will include, but is not limited to, the following functions:
•
•
•
•
•
•

Waitlist management and applicant coordination
Landlord outreach, engagement, and retention
Housing inspections and enforcement of quality standards
Eligibility determination, contract execution, and monthly subsidy payments
Data sharing and reporting in compliance with applicable privacy laws
Coordination with supportive services and homelessness response systems

The City will operate the HCV Program in full compliance with all HUD regulations and guided
by the agency’s Administrative Plan that is attached as Exhibit B.
The City will serve as the County’s liaison with the U.S. Department of Housing and Urban
Development (HUD) and will keep the County informed of any HUD concerns, notices, and
regulatory changes affecting the Project. The City is responsible for preparing and submitting all
required reports to HUD and other federal agencies within required timelines and will provide
copies to the County. If any report cannot be submitted on time, the City must promptly notify
the County and provide regular status updates until resolved.
The City will also monitor and analyze applicable laws and regulations, advise the County of
changes, and, when directed, prepare communications reflecting the County’s position. The City
may also make recommendations to governmental bodies, provided the County receives copies
of such communications.
HUD, the County, and the U.S. Inspector General will have full access to the Project and all
relevant City records for audit and review purposes. The City must maintain all records in
accordance with HUD-approved retention requirements.
The HCV Program will serve as a foundational rental assistance tool, integrated with local
housing investments and regional strategies to maximize housing stability and participant
choice. By aligning the HCV Program with broader housing initiatives, the Parties seek to
increase voucher utilization, expand access to quality housing, and ensure that assisted
households have meaningful housing options throughout the region.
Bring It Home (BIH) Rental Assistance Program
The Bring It Home (BIH) Rental Assistance Program is a state-funded initiative designed to
provide rental assistance to low-income, cost-burdened households across Minnesota. The
program is funded through state appropriations and dedicated housing revenue sources and is
administered in accordance with Minnesota Statute 462A.05, subdivision 8. The Bring It Home
program provides approximately 150 vouchers.

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The City serves as the Grantee and Administrator for the BIH Program. The BIH Program is
implemented through a regional partnership that includes HRAs and EDAs serving multiple
counties. These partners collectively support program delivery, referrals, and coordination of
services.
Participating partners include, but are not limited to:
•
•
•
•
•

Blue Earth County EDA
Minnesota Valley Action Council (Faribault and LeSueur Counties)
New Ulm EDA
Pipestone HRA
South Central Minnesota Multi-County HRA

All partners agree to support a coordinated regional approach and to comply with program
requirements established by Minnesota Housing. All definitions, funding sources, governance
structures, and eligible uses outlined in a separate MOU that is attached in Exhibit C of this
Agreement.
Roles and Responsibilities - Compliance with Governmental Orders
The City, serving as program Administrator, is responsible for overseeing all aspects of grant
implementation and compliance. This includes executing grant agreements and ensuring
adherence to all applicable requirements. City will take such action as may be necessary to
comply promptly with all government orders or other requirements affecting Programs, whether
imposed by federal, state or local authority.
The City administers program funds and issues housing assistance payments while maintaining
comprehensive policies and procedures to guide operations. It conducts regular inspections to
ensure that housing units meet established quality standards and manages all data collection,
reporting, and compliance obligations. In addition, the EDA actively engages landlords to
sustain and expand the available housing inventory. Throughout its work, the organization is
committed to ensuring equitable access to services and delivering participant-centered support.
The City shall take no such action so long as County is contesting, or has affirmed its intentions
to contest, any such order or requirement. The City will notify County, in writing, of all notices of
such governmental orders or other requirements within three (3) business days of the time of
their receipt. County will notify City, in writing, of all notices of such governmental orders or
other requirements within three (3) business days of the time of their receipt. The City will take
all necessary steps to obtain and maintain in effect any licenses and registrations required
under applicable law for the intended use and operation of programs.
Financial Responsibilities
Financial responsibility under this Agreement remains with each Party for its respective
commitments, except in cases where alternative arrangements have been mutually agreed
upon. The Affordable Housing Trust Fund will continue to function as a shared resource, with all
expenditures requiring approval from the EDAs based on recommendations provided by the
Advisory Committee. Funding for the Housing Choice Voucher program will remain federally
sourced and must be administered in full compliance with all applicable HUD regulations. In this

21

structure, the City serves as the administrative agent responsible for managing program
accounts and overseeing the budgeting process.
In its role as Administrator, the City is responsible for all aspects of financial administration. This
includes submitting funding requests to appropriate funders, disbursing Housing Assistance
Payments (HAP) to landlords, disbursing funds to awarded agencies, and receiving as well as
allocating administrative fees in proportion to program utilization. These administrative fees may
be used to support program operations; however, all expenditures must align with program
requirements and be directly tied to eligible program activities.
The City will prepare annual operating plans and budgets for the Project and submit them to the
County at least 120 days prior to the start of each fiscal year. The County will review, approve,
or modify these submissions and provide direction to the City. Either party may propose
revisions during the year, but any changes require County approval and, where applicable, HUD
approval. The approved budget and plans will govern the City’s management of the Project.
Insurance
City shall carry (a) worker’s compensation insurance, for compensation to any person engaged
in the performance of any work undertaken under this Agreement (b) commercial general
liability insurance and excess/umbrella liability insurance policies. The City shall provide County
with a Certificate of Insurance.
Fidelity Bond and Agent’s Insurance
City shall furnish and maintain at its own cost and expense for the duration of the Agreement
and any extensions thereof, plus thirty (30) days after the expiration or termination thereof, or as
otherwise required by any applicable party, a commercial blanket bond in favor of County and,
as applicable, other applicable parties, in an amount sufficient to meet the requirements of
County and the other applicable parties, and in a form and with a company acceptable to
County, which commercial blanket bond shall cover City and all employees hired by City in
connection with the Agreement. City shall furnish and maintain for the duration of the
Agreement and any extensions thereof, plus thirty (30) days after the expiration or termination
thereof, or as otherwise required by any applicable party, such insurance as may be required in
the amounts required.
Non-Discrimination
In the performance of its obligations under this Agreement, City will comply with the provisions
of any federal, state or local law prohibiting discrimination in housing on the grounds of race,
color, creed, sex, sexual orientation, familial status, handicap, national origin or any other
protected status.
Employees
The number, qualifications, and duties of personnel to be employed in the management of the
Programs, will be determined by City in accordance with the County-approved budget and the
program plans, and in accordance with any Section 3, local hire, or similar obligations of the
Project. All such employees will be deemed employees of City, not County, and will be hired,
supervised, and discharged by the City. Compensation (including payroll taxes, fringe, and
health and disability benefits) payable to all full and part time on-site personnel; local, state, and

22

federal taxes and assessments (including but not limited to Social Security taxes,
unemployment insurance, and workmen’s compensation insurance); and other direct cost
incident to the employment and training of such personnel will be paid from the Operating
Account and will be treated as a Program expense, subject to the following conditions:
(a)

The compensation (including payroll taxes, fringe, and health and disability
benefits) of all employees will be within the City’s sole discretion, provided that
minimum wage standards are met.

(b)

City shall maintain workers’ compensation insurance covering all liability of the
employer under established workers’ compensation laws.

(c)

City shall maintain employer’s liability insurance and provide County with a
Certificate of Insurance.

(d)

City shall prepare, file and execute all required statements and reports relating to
employees, including, but not limited to, payroll tax reports, as required under
applicable federal, state, and local law, regulations, and/or ordinances.

Compensation
For the services provided hereunder, exclusive of reimbursement of expenses to which the City
is entitled hereunder, The City will receive program administrative fees paid out of the Operating
Account and treated as a Program expense
For any Program in which the City is related to the County, the City may agree to subordinate
some part of its fee to Program cash flow and senior obligations. In such event, any portion of
such fee not paid when due will accrue and be paid as soon as feasible.
Data, Compliance, and Equity
The Parties agree to comply with all applicable federal, state, and local laws, including the
Minnesota Data Practices Act, HUD program requirements, and relevant privacy regulations
such as HIPAA where applicable.
The Parties further commit to advancing equity in housing by:
•
•
•

Centering those most impacted by housing instability
Promoting inclusive and culturally responsive practices
Expanding access to housing opportunities across all communities

Records created under this Agreement will be maintained in accordance with approved records
retention schedules, and both Parties commit to transparency and accountability in program
administration.
Program Status and Outcomes Reporting:
The City will provide quarterly, annual, and final reports to document programming progress and
program outcomes.

23

Quarterly and annually, the City will report on:
• Participant demographics
• Determination of program exits
• Program Activity reports for move ins, interims, and move outs.
• Number of participants engaging in supportive services
• Financial statements of operations
The final report will include:
• Annual Audit
Term, Amendment, and Termination
This Agreement shall take effect upon execution by both Parties and will remain in effect for an
initial term of five (5) years. It may be renewed for successive five-year terms upon mutual
agreement.
The Agreement may be amended through a formal process approval by both EDAs.
Either Party may terminate the Agreement with sixty (60) days written notice and approval of
funding agencies. In the event of termination, the Parties will work cooperatively to ensure an
orderly transition of responsibilities, including compliance with all financial and regulatory
obligations.
General Provisions
The Parties agree to carry out their responsibilities in a timely manner and to communicate
regularly regarding progress, challenges, and opportunities. Each Party shall be responsible for
the actions of its own officers, employees, and agents and shall not be liable for the actions of
the other.
Disputes arising under this Agreement will first be addressed administratively, with escalation to
the City Manager and County Administrator if necessary. The Agreement does not supersede
existing statutory authorities or administrative procedures governing either Party.
If any provision of this Agreement is found to be invalid, the remaining provisions shall continue
in full force and effect.
Agent Assumes No Liability for Past Practices
Notwithstanding anything to the contrary stated or implied herein, the City shall not be liable to
the County in any context whatsoever for any acts or omissions of (a) County, (b) any past or
present employees of County, (c) any previous employee at or providing services the Programs,
or (d) any agent of (a)-(c) above. To the extent not expressly prohibited by law, the County shall
indemnify and hold the City harmless from any and all claims, losses, demands, liabilities,
actions, causes of action and obligations, of whatever nature and description, and all costs of
defending same (including reasonable attorney’s fees) which are in any way caused by, related
to or predicated upon, any policies or practices of County and/or acts and/or omissions of the
County or its prior management company or any of their employees predating the date of this
Agreement.

24

Indemnification
County shall indemnify, defend and save the City harmless from all loss, damage, cost, expense
(including reasonable attorneys’ fees), liability or claims incurred by or suffered by the City
relative to the Program and/or relative to City’s administration of Programs, except to the extent
caused by or resulting from the illegal acts, gross negligence or willful misconduct of City.
The City shall indemnify, defend and save the County harmless from all loss, damage, cost,
expense (including reasonable attorneys’ fees), liability or claims (i) for personal injury or
property damage incurred or occurring in, on or about the Programs caused by or resulting from
the illegal acts, gross negligence or willful misconduct of City or (ii) resulting from City’s failure to
comply with explicit obligations of this Agreement. The foregoing indemnity shall not apply to
loss, damage, cost, expense (including reasonable attorneys’ fees), liability or claims resulting
from the illegal acts, gross negligence or willful misconduct of County.
Notwithstanding the foregoing, if the City is ever a party to any litigation or proceeding commenced
by a third party in which a claim or allegation is made that the City (or persons for whom it may be
responsible) has violated a contract, acted illegally, been negligent or otherwise committed any
wrongdoing through any act or omission then, until such time as final judgment is entered against
the City finding the City to have engaged in willful misconduct or gross negligence, all costs and
expenses of defense including attorney’s fees shall be borne solely by County. Such costs of
defense shall be paid for by the City using Program revenue or County advancing funds from timeto-time as defense costs are incurred.
Limitation of Liability
No manager, member, officer, director, agent, or employee of the City and no officer, director,
trustee, member, partner, manager, agent, or employee of any manager or member of the City
shall have any personal liability for the performance of any obligation by the City, or under or in
connection with this Agreement or any acts done or omitted by the City. The County shall look
only at the city and its assets for payment or performance under this Agreement. The City does
not waive any applicable statutory limitations of liability applicable under state law.
Relationship of Parties
The relationship of the parties to this Agreement shall be that of principal and agent, and all
duties to be performed by the City under this Agreement shall be for and on behalf of the
County, in the County’s name, and for County’s account. In taking any action under this
Agreement, the City shall be acting only as agent for County, and nothing in this Agreement
shall be construed as creating a partnership, joint venture, or any other relationship between the
parties to this Agreement, except that of principal and agent, or as requiring the City to bear any
portion of losses arising out of or connected with the ownership or operation of the Programs.
Neither party shall have the power to bind or obligate the other except as expressly set forth in
this Agreement, except that the City is authorized to act with such additional authority and
power as may be necessary to carry out the spirit and intent of this Agreement.

25

Governing Law
This Agreement shall be governed by and construed and enforced exclusively in accordance
with the laws of the State of Minnesota. Venue and jurisdiction for any dispute arising out of or
relating to this Agreement shall be in the county where the Program administration is located.
Entire Agreement
This Agreement constitutes the entire agreement between City and County with respect to the
operation of the Programs and supersedes and replaces any and all previous Intergovernmental
agreements entered and/or negotiated between City and County related to Programs covered
by this Agreement. Except as otherwise provided herein, no change will be valid unless made
by supplemental written agreement, executed and approved in the same manner as this
Agreement. Each Party to this Agreement hereby acknowledges and agrees that neither Party
has made any warranties, representations, covenants, or agreements, express or implied, other
than those expressly set forth herein and that each Party, in entering into and executing this
Agreement, has relied upon no warranties, representations, covenants, or agreements, express
or implied, other than those expressly set forth herein.
Successors and Assigns. This Agreement shall ensure the benefit of and constitute a binding
obligation upon City and County, and their respective successors and assigns; provided that
neither City nor County shall assign this Agreement, and the rights and obligations herein set
forth, without prior written consent of the other party. Notwithstanding the foregoing, County
may assign its rights and obligations as required in connection with the Programs.
Counterparts. This Agreement may be executed in any number of counterparts, each of which
will be deemed an original and all of which, taken together, will constitute one instrument.
Electronic Signatures
This Agreement and any amendments, instruments, or documents to be executed in connection
herewith may be executed and delivered by electronic means. Any signature delivered by
electronic transmission (including PDF, email, electronic signing platform, or other electronic
means consistent with Minn. Stat. ch. 325L) shall be deemed an original signature, shall be fully
binding, and shall have the same legal effect as a handwritten signature executed in ink.

[Signature page follows.]

26

Signatures
IN WITNESS WHEREOF, the Parties have executed this Intergovernmental Agreement as of
the dates indicated below.
ECONOMIC DEVELOPMENT AUTHORITY OF MANKATO
By: __________________________
Susan MH Arntz, Executive Director
Date: ________________________
ECONOMIC DEVELOPMENT AUTHORITY OF BLUE EARTH COUNTY
By: __________________________
Joshua W. Milow, Executive Director
Date: ________________________

27

Agenda Recommendation
Economic Development Authority

Date:
May 12, 2026
Agenda Item:
Resolution Approving Property Management Agreement with the City of Mankato for
RAD/Section 18 Units
Recommendation/Action:
Adoption of the attached resolution
Summary:
The City of Mankato (the “City”) owns and operates a portfolio of public housing units
located throughout Mankato Minnesota, including Orness Plaza with one hundred-one
units, and 29 scattered-site units (collectively, the “Development”). The City also
previously acquired an additional 49 scattered-site units from the Mankato Economic
Development Authority (MEDA) pursuant to Section 18 of the U.S. Housing Act.
MEDA has received approval from the U.S. Department of Housing and Urban
Development (HUD) to convert the remaining public housing units to long-term Section
8 assistance under the Rental Assistance Demonstration (RAD) program, combined
with a Section 18 disposition (the “RAD/Section 18 Conversions”). This conversion
process is intended to provide a more stable and sustainable funding structure while
preserving the long-term affordability of the housing units.
Under the proposed structure, MEDA will administer the RAD Project-Based Voucher
Housing Assistance Payment contracts and continue to serve as the contract
administrator with HUD. The City of Mankato will retain ownership of the properties. The
Economic Development Authority of Blue Earth County (BECEDA) is proposed to
assume responsibility for day-to-day property management and operations of the
converted units.
Proposed Agreement
The proposed action before the Board is approval of a resolution authorizing the
BECEDA to enter into a Property Management Agreement with the City of Mankato.
Under this agreement, BECEDA will act as the City’s agent in managing and operating
the RAD/Section 18 units in compliance with all applicable HUD requirements, including
RAD program rules and the Project-Based Voucher Housing Assistance Payment
contracts.
The agreement provides that BECEDA will be responsible for comprehensive property
management services, including leasing, tenant eligibility and compliance, rent

28

collection, maintenance and repairs, financial management, and reporting. All activities
must be carried out in accordance with federal, state, and local regulations, as well as
project-specific requirements established through the RAD conversion documents.
The initial term of the agreement is five years, with automatic renewals unless
terminated by either party. BECEDA will receive a management fee equal to six percent
of gross project receipts, which will be paid from project operating revenues. The
agreement also establishes financial management requirements consistent with HUD
standards, including the maintenance of operating, security deposit, operating reserve,
and replacement reserve accounts. The replacement reserve will be initially funded at
closing and supported by ongoing monthly deposits.
The agreement further clarifies that BECEDA will operate within an approved budget
and management plan and will have authority to carry out day-to-day operational
decisions on behalf of the County. Standard provisions related to insurance,
indemnification, and limitation of liability are included and are consistent with similar
public housing management arrangements.
This partnership also strengthens coordination between BECEDA, the City of Mankato,
and MEDA and contributes to the long-term preservation and quality operation of
affordable housing resources within the region.
The financial impact of the agreement is expected to be neutral to positive for BECEDA.
Management fees will be paid from project revenues, and all operating expenses will be
borne by the project. No direct local subsidy is required.
Recommendation
Staff recommend approval of the resolution authorizing the Executive Director to
execute the Property Management Agreement with the City of Mankato.

29

Resolution Approving Property Management Agreement
for City of Mankato RAD/Section 18 Units
WHEREAS, the City of Mankato (the “City”) owns and operates certain public housing units
located throughout Mankato, Minnesota, including (i) Orness Plaza, consisting of one hundredone (101) units, and (ii) twenty-nine (29) scattered site units (collectively, the “Development”);
and
WHEREAS, the City previously acquired forty-nine (49) scattered site public housing units
pursuant to Section 18 of the United States Housing Act of 1937, as amended (the “Section 18
Units”), from the Economic Development Authority of Mankato (the “MEDA”) on April 1, 2025;
and
WHEREAS, the MEDA has received approval from the U.S. Department of Housing and Urban
Development (“HUD”) to convert the remaining public housing units, including Orness Plaza and
the scattered site units, to long-term Section 8 assistance under HUD’s Rental Assistance
Demonstration (“RAD”) program, together with a Section 18 blend (collectively, the
“RAD/Section 18 Conversions”); and
WHEREAS, in connection with the RAD/Section 18 Conversions, the MEDA will enter into
two(2) RAD Section 8 Project-Based Voucher Housing Assistance Payments contracts (the
“RAD PBV HAP Contracts”) and will act as contract administrator for the receipt of HUD
subsidy; and
WHEREAS, the MEDA administers a Housing Choice Voucher (HCV) program and has the
administrative capacity to meet HUD requirements for the administration of RAD Project-Based
Vouchers; and
WHEREAS, The Economic Development Authority of Blue Earth County(BECEDA) and the City
desire to enter into a Property Management Agreement pursuant to which BECEDA will manage
and operate the units subject to the RAD/Section 18 Conversions (the “RAD/Section 18 Units”)
in compliance with applicable HUD regulations and program requirements; and
WHEREAS, BECEDA finds that entering into such a Property Management Agreement is in the
best interests of the public and will ensure effective management and long-term viability of the
RAD/Section 18 Units;
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Blue Earth
County hereby:
1. Authorize the execution of the Property Management Agreement with the City, pursuant
to which BECEDA shall provide management and operational services for the
RAD/Section 18 Units in accordance with RAD program requirements, HUD regulations,
and the RAD PBV HAP Contracts.
2. Authorize and direct the Executive Director, or their designee, for and on behalf of the
BECEDA, to negotiate, execute, and deliver the Property Management Agreement and
any related documents, instruments, and certifications, and to take all actions deemed
necessary or appropriate to carry out the intent of this Resolution.

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This Resolution shall become effective immediately upon its passage and without publication.
Adopted this 12th day of May 2026.

ATTEST:

________________________________
Patty O’Connor, Chair

________________________________
Joshua W. Milow, Executive Director

31

Property Management Agreement
This Agreement is made as of the _12__ day of __May_, 2026 (“Effective Date”) by and
between the City of Mankato, Minnesota, a political subdivision of the State of Minnesota
(“Owner”) and the Economic Development Authority of Blue Earth County, a public body
corporate and politic organized under the laws of the State of Minnesota (“Agent”).
1.

Appointment and Acceptance. Owner hereby appoints and engages Agent as its
exclusive agent to rent, lease, operate and manage the Project described in Section 2
hereof and Agent accepts the appointment subject to the terms and conditions set forth
in this Agreement.

2.

Description of Project. The property to be managed by Agent (the “Project”) is the
rental communities consisting of the land, buildings and other improvements, including
the dwelling units (the “Project Units”), known as Orness Plaza and Scattered Site Units
(the “Project”) and further described on Exhibit A.

3.

Definitions. Capitalized terms used and not defined in the body of this Agreement are
defined in Exhibit A.

4.

Scope of Services. Agent will have the general duty and responsibility of managing the
Project in a good and efficient manner and in compliance with Project Requirements, as
defined herein. Agent shall exercise due diligence and care in the management of the
Project, and shall furnish Owner with its best advice, experience and judgment in such
management.

5.

Project Requirements.
(a)

The Project is subject to certain operational and programmatic requirements,
agreements, and restrictions arising out of the Department of Housing and Urban
Development (“HUD”) Rental Assistance Demonstration program (“ RAD”) under
which it is assisted, requirements set forth in the RAD Conversion Commitment
(the “RCC”), Section 8 Project Based Voucher Housing Assistance Payment
Contracts (“PBV HAP Contract”), and RAD Use Agreement (“Use Agreement”
and, collectively with the RCC and the PBV HAP Contract , the “ RAD
Documents”), and/or otherwise, as set forth in the documents identified on
Exhibit B, and all applicable federal, state and local laws, statutes, ordinances,
regulations, and other applicable authority legal authorities referenced therein or
applicable to the Project whether or not specifically referenced (collectively,
“Project Requirements”). Agent acknowledges that Owner has provided it with
copies of all project-specific documents listed in the Project Requirements and
that Agent has reviewed the Project Requirements. Owner shall provide any
documents not listed in Project Requirements that Owner expects Agent to
observe in the operation of the Project. In performing its duties hereunder, Agent
shall comply with, and shall cause the Project to comply with, the Project
Requirements, provided, however, that such compliance will be an expense of
the Project and Agent will not be required to make any payments from its own
funds or incur any individual liability.

(b)

In performing its duties hereunder, Agent shall comply with, and shall cause the
Project to comply with, the Management Plan that, if not attached hereto as

KH 1241776.3
4912-7804-8924, v. 4

32

Exhibit C, will be proposed by Agent and mutually agreed upon by Owner and
Agent within sixty (60) days after the Effective Date. The Management Plan sets
forth the policies and procedures to be followed by Agent for the management of
the Project, as amended from time to time in accordance with the Project
Requirements. Agent will review the Management Plan from time to time for the
purpose of keeping Owner informed of necessary or desirable changes.
6.

Marketing. Agent will carry out marketing for the Project in accordance with the Project
Requirements and the Management Plan (including the resident selection or marketing
plan therein).

7.

Rentals. Agents will use due diligence in the management of the Project, devoting such
resources as are appropriate, and will use reasonable efforts to rent the Project Units
and other rental facilities in the Project. Incident thereto, the following provisions will
apply:
(a)

Agent will be the exclusive rental agent of the Project.

(b)

Agent will prepare for initial rent-up of the Project (if not currently occupied).

(c)

Agent will set up and maintain an on-site management office to service the
Project or make other arrangements reasonably acceptable to Owner.

(d)

Agent will follow any marketing plan or resident selection plan approved by
Owner and any other applicable parties.

(e)

Agent will show available dwelling units to prospective tenants and counsel all
prospective tenants regarding eligibility for the Project Units.

(f)

Agent will comply with all procedures in the Management Plan and Project
Requirements regarding applicants for occupancy of the Project Units including, as
applicable, application intake, determination of eligibility, interview and screening,
verification procedures, selection and rejection, record maintenance, unit
assignment and execution of leases, all in accordance with the forms, criteria and
procedures set forth in the Management Plan.

(g)

Agent will comply with all eligibility verification and documentation procedures
required by the Project Requirements prior to executing leases and upon
subsequent review, and will prepare, maintain and verify eligibility certifications,
in accordance with the Project Requirements and any additional specific
compliance requirements provided by Owner.

(h)

Agent will prepare all leases and will execute the same in Owner’s name,
identifying itself thereon as agent for Owner. Leases will be in a form approved
by Owner, but individual leases will not be submitted for the approval of Owner.

(i)

Owner will approve schedule of rents furnished and recommended by the Agent
and any other charges for facilities and services. No lease shall be executed for
rental amounts less than as approved by Owner.

(j)

Agent will collect, deposit and disburse security deposits, if required, in accordance

KH 1241776.3
4912-7804-8924, v. 4

33

with the terms of each tenant’s lease and any applicable state or local laws
regarding security deposits, including without limitation any applicable laws
concerning payments of interest thereon. Security deposits will be deposited by
Agent in the Security Deposit Account.
(k)

8.

In accordance with the Management Plan, a joint inspection of each Project Unit will
be conducted by Agent and the new tenant prior to move-in, and a checklist of the
unit’s condition will be signed by Agent and the tenant upon occupancy; inspections
of occupied units will be conducted on a regular basis in order to ascertain the
adequacy of care of the unit by the tenant and any necessary repairs; prior to a
planned move-out, a joint inspection of the unit will be conducted by Agent and the
tenant and where required repairs exceed normal wear and tear, Agent will resolve
appropriate charges with the tenant, or deduct such charges from the security
deposit in accordance with any applicable state and local laws.

Bank Accounts. Agent will establish and maintain a bank account, in an institution
whose deposits are federally insured, the account which shall be used exclusively by
Agent for funds of the Project and be known as the Project’s Operating Account.
Funds in the Operating Account will remain the property of Owner, subject to
disbursement by Agent. Agents will not be held liable in the event of bankruptcy or
failure of a depository.
In conformance with any applicable local and state laws regarding security deposits,
Agent will establish and maintain an interest-bearing escrow account in an institution
whose deposits are federally insured, which account shall be used exclusively by Agent
for security deposits received by Agent from tenants of the Project and be known as the
Project’s Security Deposit Account. Agents will not be held liable in the event of
bankruptcy or failure of a depository.
As required by Project Requirements, Agent will establish and maintain a sub-account,
in an institution whose deposits are federally insured, which account shall be used
exclusively by Agent for funds of the Project and be known as the Project’s Operating
Reserve Account. For each Project, Agent shall deposit the amount of Project funds
listed in Exhibit A into the Operating Reserve Account at such times listed therein.
As required by Project Requirements, Agent will establish and maintain a sub-account,
in an institution whose deposits are federally insured, which account shall be used
exclusively by Agent for funds of the Project and be known as the Project’s
Replacement Reserve Account. For each Project, Agent shall deposit the amount of
Project funds listed in Exhibit A into the Replacement Reserve Account at such times
listed therein.
All bank accounts opened by Agent at Owner’s direction shall be held in Owner’s name
but shall be under Agent’s exclusive control. Only Agent shall be authorized to draw
upon such accounts. No funds deposited in any account established under this
Agreement shall be comingled with any other funds of Agent or any other entity.

9.

Collection of Rents, Charges and Other Receipts. Agent will use reasonable efforts
to collect, when due, rents, charges and other amounts receivable due from tenants or
others on Owner’s account in connection with the management and operation of the
Project. Tenant rent payments or charges will be due and payable in accordance with

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the terms of each lease. All funds collected by Agent shall be deposited by Agent in the
Operating Account.
All security deposit funds, if any, received by Agent shall be deposited in the Security
Deposit Account in accordance with the terms of each tenant’s lease and the laws of the
locality and state where the Project is located.
10.

Enforcement of Leases. Agent will use diligent efforts to secure full compliance with
each tenant with the terms of his or her lease. Voluntary compliance will be emphasized,
and Agent will counsel tenants and make referrals to community agencies in cases of
financial hardship or other circumstances deemed appropriate by Agent, to the end that
involuntary termination of tenancies may be avoided to the maximum extent consistent
with the sound management of the Project.
Nevertheless, subject to any applicable procedures set forth in the Management Plan,
Agent shall have the authority, acting on behalf of Owner, to terminate any tenancy
when, in Agent’s judgment, sufficient cause (including, but not limited to, nonpayment of
rent) for such termination exists under the terms of the tenant’s lease. Agent is
authorized to consult with legal counsel of its choice to bring actions for evictions or legal
proceedings to enforce any of the lease terms or to recover rents or other charges due
and to execute notices to vacate and/or other notices; provided, however, that Agent
shall keep Owner informed of such actions. Attorney fees and other necessary costs
incurred in connection with such actions and not recovered from tenants will be paid
from the Operating Account as Project expenses.

11.

Maintenance and Repair. Agent will cause the Project to be maintained and repaired in
accordance with the Management Plan, Project Requirements, and state and local
codes and in a condition at all times acceptable to Owner and other applicable parties,
including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds
care, and such other maintenance and repair work as may be necessary.
Incident thereto, the following provisions will apply:
(a)

Special attention will be given to preventive maintenance. To the greatest extent
feasible, the services of regular maintenance personnel shall be used.

(b)

Agent is authorized to contract with qualified independent contractors, when
necessary, for general maintenance and repair of major mechanical systems.

(c)

Agent is authorized to purchase all materials, equipment, tools, appliances,
supplies, and services necessary for proper maintenance and repair of the
Project in accordance with the budget established with Owner.

(d)

Notwithstanding any of the foregoing provisions, the prior approval of Owner will
be required for any single expenditure for labor, materials, or otherwise in
connection with the maintenance and repair of the Project, which exceeds
$175,000 or such other amount as is shown in Exhibit D (the “Expenditure
Limit”); except for (i) expenses within the limits of and already included in
Owner-approved annual operating budget or (ii) emergency repairs involving
serious danger to persons or property, or (iii) expenses required to avoid
suspension of any necessary service to the Project. In the case of exceptions (ii)

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and (iii) above, Agent shall provide written notice thereof to Owner within fortyeight (48) hours or, in extraordinary circumstances, as promptly as possible after
making the expenditure.
(e)

Agent will systematically and promptly receive and investigate all service
requests from tenants, take such action thereon as may be justified, and will
keep records of the same. Complaints of a serious nature regarding the
condition of the Project will be reported to Owner for investigation

12.

Utilities and Services. Agent is authorized by Owner to make arrangements and/or, as
agent for Owner, enter into contracts for water, electricity, gas, fuel, oil, sewage and
trash disposal, pest extermination, decorating, laundry facilities, and telephone, cable
and data communication services and any and all other services as may be required or
advisable for the operation of the Project. The term of any contract made by Agent
hereunder may extend beyond the term of this Agreement. To the extent included in the
approved Project budget, Agent may enter into contracts with third party utility invoice
processing, monitoring, and bundling service providers for the purposes of processing
utility invoices, monitoring utility usage, and bundling utility services at the Project in an
effort to reduce utility costs and improve the Project’s energy efficiency. All utility
payments shall be made from the Operating Account. If the dwelling units are
individually metered for any utilities, tenants will contract directly for those utilities, and
Agent will not make contracts to secure the same.

13.

Disbursements from Operating Account and Withdrawal from Reserves. Agent will
make disbursements from Owner’s funds in accordance with this Agreement and the
Management Plan. Incident thereto, the following provisions will apply:
(a)

From the funds collected and deposited by Agent in the Operating Account,
Agent will make the following disbursements promptly when payable:
(1)

Compensation payable to Agent hereunder and reimbursement to Agent
for compensation payable to or on account of the employees, and for the
taxes and assessments payable to local, state, and federal governments
in connection with the employment of such personnel.

(2)

The payments required to be made periodically by Owner to
mortgagee(s), if applicable, including the amounts due for principal
amortization, interest, mortgage insurance premiums; ground rents; taxes
and assessments; insurance premiums; and the amounts required by any
mortgagee, United States Department of Housing and Urban
Development (“HUD”) or other party for allocation to a replacement,
operating or other reserve.

(3)

The payment for technology required to manage the Project including but
not limited to hardware, software licensing and technology maintenance
fees, and the payment for reasonable costs incurred in connection with
third party records storage expenses. Such reimbursements will be paid
from the Operating Account and will be treated as a Project expense.

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(4)

All sums otherwise due and payable as expenses of the Project
authorized to be incurred by Agent in furtherance of the terms of this
Agreement and the Management Plan.

(b)

Except for the disbursements specifically described in this Section 13, funds will
be disbursed or transferred from the Operating Account only as Owner may from
time to time direct in writing.

(c)

If the balance in the Operating Account is at any time insufficient to pay
expenses when due, Agent will inform Owner of that fact, and Owner will, within
five (5) business days, remit to Agent sufficient funds to cover the deficiency.
Notwithstanding anything to the contrary stated or implied herein, Agent shall
have no obligation or responsibility to use its own funds to pay Project expenses,
and it is hereby agreed Agent has no personal, individual or other liability for
such debt.

(d)

Agent shall withdraw from any Project Reserve accounts only as directed by
Owner, which direction shall be in accordance with the Project Requirements.

14.

Budgets. After consultation with Owner, Agent will prepare a recommended operating
budget for the Project for each Project Fiscal Year, which unless otherwise specified on
Exhibit A will be the calendar year (January 1 – December 31), and will submit the same
to Owner for approval for review not later than sixty (60) days before the earlier of (i) the
beginning of each new Project Fiscal Year or (ii) any date required by the Project
Requirements. Upon receipt, Owner will promptly inform Agent, of changes, if any, to be
incorporated in the budget. The proposed budget will be deemed approved unless
Owner gives notice of disapproval within thirty (30) days of delivery. Once the budget is
approved, Agent will use diligent efforts to see that each type of operating expense
itemized in the budget will not exceed the annual amount authorized by the approved
budget and Agent will keep Owner informed of any anticipated deviation from the
receipts or disbursements stated in the approved budget. Owner will promptly inform
Agent of any changes to be incorporated in the approved budget.

15.

Records and Reports. In addition to and not in limitation of any other requirements
specified in this Agreement and the Project Requirements, Agent will have the following
responsibilities with respect to records and reports:
(a)

Agent will establish and maintain a comprehensive system of records, books and
accounts in a manner conforming to any directives of the Project Requirements
and otherwise satisfactory to Owner. All records, books and accounts will be
subject to examination by authorized representatives of Owner or other
applicable parties during regularly scheduled business hours upon reasonable
written notice, which absent special need shall be at least forty-eight (48) hours.

(b)

If requested by Owner, and/or as required by the Project Requirements, within
sixty (60) days following the end of each Project Fiscal Year, Agent will furnish to
Owner a complete annual financial report for the Project based upon an
examination of the books and records. This report shall be prepared in conformity
with generally accepted accounting principles. The costs of preparing this report
will be paid out of the Operating Account as an expense of the Project.

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(c)

By the fifteenth (15th) day of each month, Agent will furnish Owner with reports
reasonably requested by Owner, which may include Balance Sheet, Statement of
Profit and Loss and Loss v. Budget (i.e. budget v. actual) for the previous month
and with a schedule of accounts receivable and payable as of the end of the
previous month.

(d)

By the fifteenth (15th) day of each month, or more frequently as requested by
Owner, Agent shall submit to Owner a current occupancy report, if requested by
Owner.

(e)

If reasonably requested by Owner, Agent will prepare and furnish any other
reports necessary to comply with the Project Requirements, including any
audited financial reports required by the Project Requirements.

16.

Bids, Discounts, Rebates, etc. Agent shall use diligent efforts to obtain contracts,
materials, supplies, utilities, and services in accordance with contracting and bidding
requirements applicable to and required by the Owner. Agent shall secure and credit to
Owner, and not receive or retain for itself, all discounts, rebates, or commissions
obtainable with respect to purchases, service contracts, and all other transactions
regarding the Project.

17.

Insurance. Agent shall carry (a) worker’s compensation insurance, for compensation to
any person engaged in the performance of any work undertaken under this Agreement
(b) commercial general liability insurance and excess/umbrella liability insurance
policies; (c) Property Management Errors and Omissions Insurance or such other
insurance as a property manager of housing projects similar to the Development would
carry, or as reasonably required by Owner. The Agent shall provide Owner with a
Certificate of Insurance. Owner shall obtain and keep in force, at its expense, property
insurance on the Development and underlying real property, and such other insurance
as it deems appropriate. Agent shall be named as an additional insure as their interests
may appear on all liability insurance maintained with respect to the Development.
Owner’s insurance premiums shall be treated as operating expenses and shall be paid
out of the Operating Accounts in accordance with the Operating Budget.

18.

Fidelity Bond and Agent’s Insurance. Agent shall furnish and maintain at its own cost
and expense for the duration of the Agreement and any extensions thereof, plus thirty
(30) days after the expiration or termination thereof, or as otherwise required by any
applicable party, a commercial blanket bond in favor of Owner and, as applicable, other
applicable parties, in an amount sufficient to meet the requirements of Owner and the
other applicable parties, and in a form and with a company acceptable to Owner, which
commercial blanket bond shall cover Agent and all employees hired by Agent in
connection with the Agreement. Agent shall furnish and maintain for the duration of the
Agreement and any extensions thereof, plus thirty (30) days after the expiration or
termination thereof, or as otherwise required by any applicable party, such insurance as
may be required in the amounts required.

19.

Non-Discrimination. In the performance of its obligations under this Agreement, Agent
will comply with the provisions of any federal, state or local law prohibiting discrimination
in housing on the grounds of race, color, creed, sex, sexual orientation, familial status,
handicap, national origin or any other protected status.

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20.

Employees. The number, qualifications, and duties of personnel to be employed in the
management of the Project, will be determined by Owner and Agent in accordance with
the Owner-approved budget and the Management Plan, and in accordance with any
Section 3, local hire, or similar obligations of the Project. All such employees will be
deemed employees of Agent, not Owner, and will be hired, supervised, and discharged
by Agent. Compensation (including payroll taxes, fringe, and health and disability
benefits) payable to all full and part time on-site personnel; local, state, and federal
taxes and assessments (including but not limited to Social Security taxes,
unemployment insurance, and workmen’s compensation insurance); and other direct
cost incident to the employment and training of such personnel will be paid from the
Operating Account and will be treated as a Project expense, subject to the following
conditions:
(a)

The compensation (including payroll taxes, fringe, and health and disability
benefits) of all employees will be within Agent’s sole discretion, provided that
minimum wage standards are met.

(b)

Agents shall maintain workers’ compensation insurance covering all liability of
the employer under established workers’ compensation laws.

(c)

Agents shall maintain employer’s liability insurance and provide Owner with a
Certificate of Insurance.

(d)

Agents shall prepare, file and execute all required statements and reports
relating to employees, including, but not limited to, payroll tax reports, as required
under applicable federal, state, and local law, regulations, and/or ordinances.

21.

Compliance with Governmental Orders; Licenses. Agents will take such action as
may be necessary to comply promptly with all government orders or other requirements
affecting the Project, whether imposed by federal, state or local authority. Nevertheless,
Agent shall take no such action so long as Owner is contesting, or has affirmed its
intentions to contest, any such order or requirement. Agent will notify Owner, in writing,
of all notices of such governmental orders or other requirements within three (3)
business days of the time of their receipt. Owner will notify Agent, in writing, of all
notices of such governmental orders or other requirements within three (3) business
days of the time of their receipt. Agent will take all necessary steps to obtain and
maintain in effect any licenses and registrations required under applicable law for the
intended use and operation of the Project.

22.

Agent’s Compensation.
(a)

For the services provided hereunder, exclusive of reimbursement of expenses to
which Agent is entitled hereunder, Agent will receive a management fee paid out
of the Operating Account and treated as a Project expense, which fee will include
a base monthly elements (the “Base Fee”) and may include other elements as
specified in Exhibit A. The following subsections describe possible elements of
the management fee, but such elements shall be charged for the Project only as
specified in Exhibit A, and any particulars in Exhibit A will supersede this text.

(b)

The Base Fee will be payable in an amount equal to a specified percentage of
each month’s gross receipts (the “Fee Percentage”) or a fixed amount (the “Fee

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Amount”) per unit per month, as specified in Exhibit A. If gross receipts
determine the fee, an adjustment shall be made by the tenth (10th) day of the
following month for monies collected after the payment of Agent’s monthly
management fee. If the fee is a set amount per unit per month, such amount
shall be increased annually on the renewal date of this Agreement by a
percentage specified in Exhibit A (the “Fee Inflation Factor”). Gross receipts
shall include but not be limited to rental income (including rental subsidies),
forfeited security deposits, laundry income, parking fees and other miscellaneous
income, deposits and charges, but excluding security deposits and other deposits
which have not been forfeited, insurance proceeds other than proceeds for loss
of rents or income, condemnation awards, sale or refinancing proceeds,
reimbursement of any overpaid expenses, utility charges and other “passthroughs” or items of expense billed to the tenant and paid by the Project.
(c)

23.

For any Project in which Agent is related to the Owner, Agent may agree to
subordinate some part of its fee to Project cash flow and senior obligations. In
such event, any portion of such fee not paid when due will accrue and be paid as
soon as feasible.

Term. This Agreement shall begin on the Effective Date and shall be in force for a
period of five (5) years from such date or such longer period as is stated in Exhibit A
(“Initial Term”) and thereafter shall be renewed automatically for five (5) year periods
until either Owner or Agent terminates it, by written notice to the other party, at least
sixty (60) days prior to the expiration of the Initial Term or any anniversary thereof.
This Agreement may be terminated at any time and for any reason, with or without
cause, by either party upon sixty (60) days advance written notice of such termination to
the other party. This Agreement may also be terminated by either party for willful
misconduct or criminal fraud upon five (5) days written notice to the other party.
Notwithstanding anything to the contrary in this Agreement, Owner may terminate this
Agreement if and as required by any of the Project Requirements.

24.

Project Compliance. Notwithstanding anything to the contrary herein, Owner
acknowledges that Agent has no responsibility for the compliance of the Project or any
building thereon or any equipment therein with the requirements of any building or
zoning codes or with any statute, ordinance, law, or regulation of any governmental body
or of any public authority or official thereof having jurisdiction, including but not limited to
lead paint conditions, except insofar as such compliance or non-compliance is caused
by Agent’s gross negligence, willful misconduct, or failure to perform its responsibilities
under this Agreement. Agent shall notify Owner promptly or forward to Owner promptly
any complaints, warnings, notices, or summonses received by Agent relating to such
matters. To the extent there are sufficient funds, Agent shall take necessary action to
cure any violations or hazards related to the above. Owner represents that, to the best
of Owner’s knowledge, the Project and all Project equipment comply with all above
requirements. To the extent not expressly prohibited by law, Owner shall indemnify and
hold Agent harmless from any and all claims, losses, demands, liabilities, actions,
causes of action and obligations, of whatever nature and description, and all costs of
defending same (including reasonable attorney’s fees) that are in any way caused by,
related to or predicated upon any violation or alleged violations of such building codes,
laws, ordinances, statutes or regulations, relating to the physical condition of the Project,

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including but not limited to lead paint conditions, excepting only losses caused by
Agent’s gross negligence, willful misconduct, or failure to perform its responsibilities
under this Agreement.
25.

Agent Assumes No Liability for Past Practices. Notwithstanding anything to the
contrary stated or implied herein, Agent shall not be liable to Owner (or anyone claiming
through Owner) in any context whatsoever for any acts or omissions of (a) Owner, (b)
any past or present employees of Owner, (c) any previous owner of the Project, (d) any
previous management agent employed at or providing services to the Project, or (e) any
agent of (a)-(d) above. To the extent not expressly prohibited by law, Owner shall
indemnify and hold Agent harmless from any and all claims, losses, demands, liabilities,
actions, causes of action and obligations, of whatever nature and description, and all
costs of defending same (including reasonable attorney’s fees) which are in any way
caused by, related to or predicated upon, any policies or practices of Owner and/or acts
and/or omissions of Owner or its prior management company or any of their employees
predating the date of this Agreement.
In amplification of the above and not in limitation thereof, Agent shall have no liability for
violations of building, zoning, environmental or other laws or regulations, including but
not limited to lead paint laws, that may exist as of the date of this Agreement but may
only become known during the period this Agreement is in effect. Agent shall bring any
such violations or hazards discovered by Agent to the attention of Owner in writing and
Owner shall promptly cure them at Owner’s sole expense.

26.

Indemnification. Owner shall indemnify, defend and save Agent harmless from all loss,
damage, cost, expense (including reasonable attorneys’ fees), liability or claims incurred
by or suffered by Agent relative to the Project and/or relative to Agent’s management of
the Project, except to the extent caused by or resulting from the illegal acts, gross
negligence or willful misconduct of Agent.
Agent shall indemnify, defend and save Owner harmless from all loss, damage, cost,
expense (including reasonable attorneys’ fees), liability or claims (i) for personal injury or
property damage incurred or occurring in, on or about the Project caused by or resulting
from the illegal acts, gross negligence or willful misconduct of Agent or (ii) resulting from
Agent’s failure to comply with explicit obligations of this Agreement. The foregoing
indemnity shall not apply to loss, damage, cost, expense (including reasonable
attorneys’ fees), liability or claims resulting from the illegal acts, gross negligence or
willful misconduct of Owner.
Notwithstanding the foregoing, if Agent is ever a party to any litigation or proceeding
commenced by a third party in which a claim or allegation is made that Agent (or persons
for whom it may be responsible) has violated a contract, acted illegally, been negligent or
otherwise committed any wrongdoing through any act or omission then, until such time as
final judgment is entered against Agent finding Agent to have engaged in willful misconduct
or gross negligence, all costs and expenses of defense including attorney’s fees shall be
borne solely by Owner. Such costs of defense shall be paid for by Agent using Project
revenue or Owner advancing funds from time-to-time as defense costs are incurred.

27.

Limitation of Liability. No manager, member, officer, director, agent, or employee of
Agent and no officer, director, trustee, member, partner, manager, agent, or employee of
any manager or member of Agent shall have any personal liability for the performance of

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any obligation by Agent, or under or in connection with this Agreement or any acts done
or omitted by Agent. Owner shall look only at the Agent and its assets for payment or
performance under this Agreement. Agent does not waive any applicable statutory
limitations of liability applicable under state law.
28.

Relationship of Parties. The relationship of the parties to this Agreement shall be that
of principal and agent, and all duties to be performed by Agent under this Agreement
shall be for and on behalf of Owner, in Owner’s name, and for Owner’s account. In
taking any action under this Agreement, Agent shall be acting only as agent for Owner,
and nothing in this Agreement shall be construed as creating a partnership, joint venture,
or any other relationship between the parties to this Agreement, except that of principal
and agent, or as requiring agent to bear any portion of losses arising out of or connected
with the ownership or operation of the Project. Neither party shall have the power to
bind or obligate the other except as expressly set forth in this Agreement, except that
Agent is authorized to act with such additional authority and power as may be necessary
to carry out the spirit and intent of this Agreement.

29.

Notices. Any notices given pursuant to this Agreement shall be in writing and shall be
considered to have been given: (a) if sent by email, but only if if actively acknowledged
by recipient or followed by a second form of notice as described in this section 29; (b) if
hand delivered, or (c) if sent by registered or certified mail, return receipt requested, or
by private overnight carrier, in each instance properly addressed and with postage or
other charges prepaid, to the addresses set forth on Exhibit A.
All notices will be sent by personal delivery, email, Federal Express or other nationally
recognized overnight messenger service, United States registered or certified mail,
postage prepaid, return receipt requested. All notices shall be considered to have been
given earlier of receipt, or acknowledgment of email, or forty-eight (48) hours after the
date of mailing or one day after delivery to an overnight carrier as provided herein. Any
party to this Agreement desiring to make a change in its address for the purpose of
notices under this Section shall notify the other party of the change of address in the
same manner as provided for in this Section for notices.

30.

Governing Law. This Agreement shall be governed by and construed and enforced
exclusively in accordance with the laws of the State of Minnesota. Venue and
jurisdiction for any dispute arising out of or relating to this Agreement shall be in the
county where the Project is located.

31.

Entire Agreement. This Agreement constitutes the entire agreement between Owner
and Agent with respect to the management and operation of the Project and supersedes
and replaces any and all previous management agreements entered into and/or
negotiated between Owner and Agent related to the Project covered by this Agreement.
Except as otherwise provided herein, no change will be valid unless made by
supplemental written agreement, executed and approved in the same manner as this
Agreement. Each party to this Agreement hereby acknowledges and agrees that neither
party has made any warranties, representations, covenants, or agreements, express or
implied, other than those expressly set forth herein and that each party, in entering into
and executing this Agreement, has relied upon no warranties, representations,
covenants, or agreements, express or implied, other than those expressly set forth
herein.

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32.

Successors and Assigns. This Agreement shall inure to the benefit of and constitute a
binding obligation upon Owner and Agent, and their respective successors and assigns;
provided that neither Agent nor Owner shall assign this Agreement, and the rights and
obligations herein set forth, without prior written consent of the other party.
Notwithstanding the foregoing, Owner may assign its rights and obligations as required
in connection with the financing of the Project.

33.

Counterparts. This Agreement may be executed in any number of counterparts, each
of which will be deemed an original and all of which, taken together, will constitute one
instrument.

34.

Electronic Signatures. This Agreement and any amendments, instruments, or
documents to be executed in connection herewith may be executed and delivered by
electronic means. Any signature delivered by electronic transmission (including PDF,
email, electronic signing platform, or other electronic means consistent with Minn. Stat.
ch. 325L) shall be deemed an original signature, shall be fully binding, and shall have
the same legal effect as a handwritten signature executed in ink.

35.

Survivability. The terms of Sections 24, 26, 27 and 27 of this Agreement shall survive
the expiration or termination of this Agreement.

36.

Riders and/or Addenda. The Riders and/or Addenda attached hereto at Exhibit C
shall be incorporated herewith, and if there shall be any conflict between the terms of
this Agreement and the terms of the Rider and/or Addendum, the terms of the Rider
and/or Addendum will be controlled.

[Signature page follows.]

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IN WITNESS WHEREOF, the principal parties have, by their duly authorized officers,
executed this Agreement on the date first above written.
AGENT:
ECONOMIC DEVELOPMENT AUTHORITY OF BLUE EARTH COUNTY
a public body corporate and politic organized under the laws of the State of Minnesota
By:
Name: Joshua W. Milow
Title: Executive Director

OWNER:
CITY OF MANKATO, MINNESOTA
a political subdivision of the State of Minnesota
By:
Name: Susan MH Arntz
Title: City Manager

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Exhibit A
PROJECT INFORMATION
I.

Project Description
Project Name

Orness Plaza;

Address

900 Hope Street

City, State, Zip

Mankato, MN 56001

Number of Dwelling Units

101 units

Project Name

Scattered Site Development

Address

1617 Fifth Avenue. 1-3; 1621 Fifth Avenue 13; 617 Elm Street 1-3; 601 Harper Street 1-3;
605 Harper Street 1-2; 925 Mayvis Boulevard
1-2; 921 Mayvis Boulevard; 919 Mayvis
Boulevard; 915 Mayvis Boulevard; 913
Mayvis Boulevard; 512 Agency Road; 508
Agency Road; 504 Agency Road; 500
Agency Road; 2005 Hoffman Road; 2009
Hoffman Road; 2013 Hoffman Road; 2017
Hoffman Road; 2021 Hoffman Road; 1514
Woodland Ave.; 2108 Marwood; 106 Carlton
Court; 1034 Pfau Street; 6 Riverview; 327
Center Street; 1320 Carney Avenue; 107
Chapman Road 1-2; 2010 Fifth Avenue 1-3;
111 Chapman Road 1-2; 433 N. Sixth Street
1-3; 125 Welcome Avenue 1-4; 1710 Sixth
Avenue 1-3; 2020 Sixth Avenue 1-2; 300
Homestead Road; 404 Homestead Road;
101 Sandpiper Drive; 117 Cedar Street; 115
Cedar Street; 113 Long Street; 125 Grace
Court; 716 North 5th Street; 1348 North 6th
Street; 116 Swiss Street; 108 South
Plainview; 404 Agency Road; 1212 Highland
Avenue; 116 Haynes Street; 1407 Fair
Street; 104 East Welcome; 104 East
Welcome; 1509 Marsh Street; 122 Porter
Avenue; 117 Iota Avenue; 127 Knollcrest
Drive; 414 Malin Street; 1429 North 5th
Street

City, State, Zip
Number of Dwelling Units

KH 1241776.3
4912-7804-8924, v. 4

Mankato, MN 56001
78 Units

45

II. Project Units
Kind of Unit

Number of Units

Project-Based Vouchers
Total Number of Dwelling Units:

179
179

III. Compensation (see Section 22):
a. Fee Percentage: 6%
IV. Reserve Requirements
a. Operating Reserve: $__________________
i. The Operating Reserve must be fully funded prior to submission of
the Certificate of Completion to HUD
b. Replacement Reserve: $___________________
i. An initial deposit of $_____________ to the Replacement Reserve
shall be funded at closing. Following construction completion
(approximately 12 months), monthly deposits in the amount of
$____________ shall be funded.
Other Business Terms:
c. Expenditure Limit (Section7 (d)): $175,000
d. Initial Term (Section 23): 5 years
V. Notice Addresses
If to Owner, to:
If to Agent, to:

KH 1241776.3
4912-7804-8924, v. 4

Blue Earth County, Minnesota
10 Civic Center Plaza
Mankato, MN 56001
Economic Development Authority of Blue Earth
County
204 S 5th Street
Mankato, MN 56001

46

Exhibit B
Project Requirements
1) Rental Assistance Requirements
a) Housing Assistance Payments Contract
2) Other Documents and/or Requirements
a) RAD Conversion Commitment by and between HUD, Mankato and Economic
Development Authority of Mankato
3) RAD Use Agreement by and between HUD, Mankato, and Economic Development
Authority of Mankato

KH 1241776.3
4912-7804-8924, v. 4

47

Exhibit C
Management Plan - ACOP
RAD Addendum

KH 1241776.3
4912-7804-8924, v. 4

48

MEMORANDUM
To:

Blue Earth County Board of Commissioners, sitting as the
Drainage Authority for County Ditch 88
Josh W. Milow, County Administrator
From: Craig Austinson, Drainage Systems Coordinator, Property and
Environmental Resources
Date:
May 12, 2026
Subject: Order to Stay Repairs and Reconsideration of Repairs
Background
The Blue Earth County Ditch 88 (CD 88) watershed is approximately 5,500 acres in size and is
in Decoria and McPherson Townships.
On February 17, 2026, after notice and public hearing, the Drainage Authority adopted findings
and an order approving the proposed repair plans for portions of CD 88 and directing its
appointed engineers at ISG to prepare detailed plans, specifications, and other necessary
documents to allow for public bidding and construction of the ordered repair.
Through considerable landowner feedback, the Blue Earth County Drainage Authority was
asked to reconsider the order for repairs. Since the repairs were approved, an order staying the
repair order is required. An order staying repairs does not vacate the adopted findings and order
for repairs. Rather, the order allows time for the Drainage Authority to review the order and
consider if the previous order should be reaffirmed, modified, rescinded, or otherwise addressed.
Action Requested
At today's meeting, we request the Drainage Authority to approve the findings and order,
resulting in a pause to the previously approved repairs and allowing time for additional
landowner input and a reconsideration of repairs meeting, to be scheduled for a later date.

49

STATE OF MINNESOTA
BLUE EARTH COUNTY BOARD OF COMMISSIONERS
ACTING AS THE DRAINAGE AUTHORITY FOR BLUE EARTH COUNTY DITCH 88

In the Matter of: Stay of Repair Order &
Reconsideration Hearing for County
Ditch 88

FINDINGS & ORDER STAYING REPAIR
ORDER, DIRECTING INFORMAL
LANDOWNER MEETINGS, AND SETTING
RECONSIDERATION HEARING

At a public meeting of the Blue Earth County Board of Commissioners, sitting as the Drainage
Authority for Blue Earth County Ditch 88, held on May 12, 2026, upon review of the record and
proceedings in this matter, Commissioner __________ moved, seconded by Commissioner
__________ to adopt the following:
FINDINGS:
1.

The Blue Earth County Board of Commissioners (the “Board”) is the drainage authority
under Minnesota Statutes, chapter 103E (“Drainage Authority”) with statutory authority
obligation to inspect and repair Blue Earth County Ditch 88 (“CD 88”).

2.

On February 17, 2026, after notice and public hearing, the Drainage Authority adopted
findings and an order approving the proposed repair plans for portions of CD 88 and
directing its appointed engineers at I & S Group, Inc. to prepare detailed plans,
specifications, and other necessary documents to allow for public bidding and construction
of the ordered repair.

3.

The February 17, 2026, Order was based on the Drainage Inspection Report and related
engineering recommendations presented to the Drainage Authority.

4.

The Drainage Authority voluntarily noticed and held a public hearing on the Engineer’s
Repair Report before adopting the February 17, 2026 Order.

5.

Under Minnesota Statutes, section 103E.705, the Board may consider a drainage inspection
report and may repair all or any part of the drainage system as provide in Statutes, chapter
103E.

6.

The Drainage Authority finds it appropriate to pause further implementation of the
February 17, 2026 Order in order to allow additional informal communication with affected
landowners and to allow the Drainage Authority to reconsider whether to reaffirm, modify,
or rescind its prior order.

7.

The Drainage Authority further finds that staying the February 17, 2026 Order pending
reconsideration will preserve the status quo, promote a more complete record, and serve
the orderly administration of this drainage proceeding.

Page 1 of 4
4911-3228-5600, v. 1

50

8.

The Drainage Authority finds that no prejudice will result from temporarily staying further
action on the February 17, 2026 Order pending reconsideration.

9.

The Drainage Authority finds that Drainage Authority staff should be directed to organize
and conduct informal meetings with affected landowners, without a quorum of the Board
participating in those meetings, for the purpose of receiving additional input and facilitating
discussion regarding the proposed repair and possible alternatives.

10.

The Drainage Authority finds that its engineers at I & S Group, Inc. should participate in
the informal meetings with affected landowners so that the engineers may hear landowner
input directly, answer technical questions as appropriate, and evaluate whether
modifications to the proposed repair actions or recommendations are warranted.

11.

The Drainage Authority further finds that, after the informal meetings are completed, I &
S Group, Inc. should prepare and file with the Drainage Authority an amended engineer’s
report, also referred to as an amended drainage inspection report pursuant to Minnesota
Statutes, section 103E.705, setting forth its recommendations regarding repair actions for
CD 88 in light of the information gathered through the informal meetings and any
additional review conducted by the engineers.

12.

The Drainage Authority finds that the amended engineer’s report/drainage inspection
report should be included in the record for the reconsideration hearing so that the Drainage
Authority may consider updated engineering recommendations before determining
whether to reaffirm, modify, rescind, or otherwise address the February 17, 2026 Order.

13.

The Drainage Authority further finds that, following those informal meetings and the filing
of the amended engineer’s report/drainage inspection report, this matter should be set for
a reconsideration hearing before the Drainage Authority.

14.

The Drainage Authority finds that notice of the reconsideration hearing should be given
using the same method of notice used for the hearing at which the February 17, 2026 Order
as adopted – that being the method of notice set forth in Minnesota Statutes, section
103E.715, subdivision 3, namely: by mail, at least ten days before the hearing, to owners
of property and political subdivisions likely to be affected by the repair.
ORDER:

Based upon the foregoing Findings and the entire record of proceedings, the Blue Earth County
Board of Commissioners, acting as the Drainage Authority for Blue Earth County Ditch 88, hereby
orders as follows:
1.

That the Drainage Authority’s February 17, 2026 Order approving repair plans and
directing preparation of plans, specifications, and bidding documents for repair of CD 88
is hereby STAYED pending further order of the Drainage Authority.

Page 2 of 4
4911-3228-5600, v. 1

51

2.

That during the pendency of this stay, no further action shall be taken to implement the
February 17, 2026 Order, including but not limited to finalizing bid documents, soliciting
bids, awarding a contract, or commencing construction, unless otherwise ordered by the
Drainage Authority.

3.

That Drainage Authority staff are directed to notice and conduct one or more informal
meetings with affected landowners regarding the proposed CD 88 repair and issues raised
concerning the February 17, 2026 Order. The Drainage Authority’s engineers at I & S
Group, Inc. shall participate in such informal meetings.

4.

That the informal meetings directed by this Order shall be organized and handled by
Drainage Authority staff, without participation by a quorum of the Board as the Drainage
Authority, for the purpose of gathering information, facilitating discussion, allowing for
engineering input, and identifying issues or alternatives for later consideration by the
Drainage Authority.

5.

Following completion of informal meetings, I & S Group, Inc is directed to prepare and
file with the Drainage Authority an amended engineer’s report, also referred to as amended
drainage inspection report, making recommendations regarding the repair actions for CD
88 in light of the information obtained through the informal meetings and any additional
engineering review.

6.

That after the amended engineer’s report/amended drainage inspection report is filed with
the Drainage Authority by its engineers at I & S Group, Inc., Drainage Authority staff shall
coordinate with the Blue Earth County Administrator to select a date, time, and location
for a reconsideration hearing on the amended engineer’s report/amended drainage
inspection report.

7.

That Drainage Authority staff shall cause notice of the reconsideration hearing to be given
following the same methods of notice as Minnesota Statutes, section 103E.715. Without
limiting the foregoing, at least ten days before the reconsideration hearing, notice shall be
given by mail of the time and location of the hearing to the owners of property and political
subdivisions likely to be affected.

8.

That at the reconsideration hearing, the Drainage Authority shall consider the existing
record, any supplemental information presented, the results of the staff-led informal
landowner meetings, and any additional public comment, and shall determine whether the
February 17, 2026 Order should be reaffirmed, modified, rescinded, or otherwise
addressed.

9.

That this Order is procedural in nature and is intended to preserve the status quo and allow
additional process. By this Order, the Drainage Authority does not make a final
determination on whether the proposed repair should ultimately proceed as previously
ordered, be modified, or not proceed.

Page 3 of 4
4911-3228-5600, v. 1

52

After discussion, the Board Chair called the question. The question was on the adoption of the
foregoing Findings and Order, and there were ____ yeas, ____ nays, ____ absent, and ____
abstentions as follows:
O’CONNOR
PIEPHO
PAAP
STUEHRENBERG
BRUENDER

Yea






Nay






Absent






Abstain






Upon vote, the Chair declared the motion passed and the Findings and Order adopted.

_______________________________________
Patty O’Connor, Board of Commissioners Chair
Blue Earth County

Dated: May 12, 2026

* * * * * * * * * * *
I, Josh W. Milow, Blue Earth County Administrator, do hereby certify that I have
compared the above motion and Findings and Order with the original thereof as the same appears
of record and on file with the Blue Earth County Board of Commissioners and find the same to
be a true and correct transcript thereof. The above Findings and Order was filed with me, Blue
Earth County Administrator, on May 12, 2026.
IN TESTIMONY WHEREOF, I hereunto set my hand on this 12th day of May 2026.

_______________________________________
Josh W. Milow, County Administrator
Blue Earth County, Minnesota

Page 4 of 4
4911-3228-5600, v. 1

53

MEMORANDUM
To:

Blue Earth County Board of Commissioners, sitting as the
Drainage Authority for County Ditch 93
Josh W. Milow, County Administrator
From: Craig Austinson, Drainage Systems Coordinator, Property and
Environmental Resources
Date:
May 12, 2026
Subject: County Ditch 93, Order to Stay Repairs and Reconsideration of
Repairs
Background
The Blue Earth County Ditch 93 (CD 93) watershed is approximately 3,260 acres in size and is
in Decoria Township
On February 17, 2026, after notice and public hearing, the Drainage Authority adopted findings
and an order approving the proposed repair plans for portions of CD 93 and directing its
appointed engineers at ISG to prepare detailed plans, specifications, and other necessary
documents to allow for public bidding and construction of the ordered repair.
Through considerable landowner feedback, the Blue Earth County Drainage Authority was
asked to reconsider the order for repairs. Since the repairs were approved, an order staying the
repair order is required. An order staying repairs does not vacate the adopted findings and order
for repairs. Rather, the order allows time for the Drainage Authority to review the order and
consider if the previous order should be reaffirmed, modified, rescinded, or otherwise addressed.
Action Requested
At today's meeting, we request the Drainage Authority to approve the findings and order,
resulting in a pause to the previously approved repairs and allowing time for additional
landowner input and a reconsideration of repairs meeting, to be scheduled for a later date.

54

STATE OF MINNESOTA
BLUE EARTH COUNTY BOARD OF COMMISSIONERS
ACTING AS THE DRAINAGE AUTHORITY FOR BLUE EARTH COUNTY DITCH 93

In the Matter of: Stay of Repair Order &
Reconsideration Hearing for County
Ditch 93

FINDINGS & ORDER STAYING REPAIR
ORDER, DIRECTING INFORMAL
LANDOWNER MEETINGS, AND SETTING
RECONSIDERATION HEARING

At a public meeting of the Blue Earth County Board of Commissioners, sitting as the Drainage
Authority for Blue Earth County Ditch 93, held on May 12, 2026, upon review of the record and
proceedings in this matter, Commissioner __________ moved, seconded by Commissioner
__________ to adopt the following:
FINDINGS:
1.

The Blue Earth County Board of Commissioners (the “Board”) is the drainage authority
under Minnesota Statutes, chapter 103E (“Drainage Authority”) with statutory authority
obligation to inspect and repair Blue Earth County Ditch 93 (“CD 93”).

2.

On February 17, 2026, after notice and public hearing, the Drainage Authority adopted
findings and an order approving the proposed repair plans for portions of CD 93 and
directing its appointed engineers at I & S Group, Inc. to prepare detailed plans,
specifications, and other necessary documents to allow for public bidding and construction
of the ordered repair.

3.

The February 17, 2026, Order was based on the Drainage Inspection Report and related
engineering recommendations presented to the Drainage Authority.

4.

The Drainage Authority voluntarily noticed and held a public hearing on the Engineer’s
Repair Report before adopting the February 17, 2026 Order.

5.

Under Minnesota Statutes, section 103E.705, the Board may consider a drainage inspection
report and may repair all or any part of the drainage system as provide in Statutes, chapter
103E.

6.

The Drainage Authority finds it appropriate to pause further implementation of the
February 17, 2026 Order in order to allow additional informal communication with affected
landowners and to allow the Drainage Authority to reconsider whether to reaffirm, modify,
or rescind its prior order.

7.

The Drainage Authority further finds that staying the February 17, 2026 Order pending
reconsideration will preserve the status quo, promote a more complete record, and serve
the orderly administration of this drainage proceeding.

Page 1 of 4
4915-3146-5632, v. 1

55

8.

The Drainage Authority finds that no prejudice will result from temporarily staying further
action on the February 17, 2026 Order pending reconsideration.

9.

The Drainage Authority finds that Drainage Authority staff should be directed to organize
and conduct informal meetings with affected landowners, without a quorum of the Board
participating in those meetings, for the purpose of receiving additional input and facilitating
discussion regarding the proposed repair and possible alternatives.

10.

The Drainage Authority finds that its engineers at I & S Group, Inc. should participate in
the informal meetings with affected landowners so that the engineers may hear landowner
input directly, answer technical questions as appropriate, and evaluate whether
modifications to the proposed repair actions or recommendations are warranted.

11.

The Drainage Authority further finds that, after the informal meetings are completed, I &
S Group, Inc. should prepare and file with the Drainage Authority an amended engineer’s
report, also referred to as an amended drainage inspection report pursuant to Minnesota
Statutes, section 103E.705, setting forth its recommendations regarding repair actions for
CD 93 in light of the information gathered through the informal meetings and any
additional review conducted by the engineers.

12.

The Drainage Authority finds that the amended engineer’s report/drainage inspection
report should be included in the record for the reconsideration hearing so that the Drainage
Authority may consider updated engineering recommendations before determining
whether to reaffirm, modify, rescind, or otherwise address the February 17, 2026 Order.

13.

The Drainage Authority further finds that, following those informal meetings and the filing
of the amended engineer’s report/drainage inspection report, this matter should be set for
a reconsideration hearing before the Drainage Authority.

14.

The Drainage Authority finds that notice of the reconsideration hearing should be given
using the same method of notice used for the hearing at which the February 17, 2026 Order
as adopted – that being the method of notice set forth in Minnesota Statutes, section
103E.715, subdivision 3, namely: by mail, at least ten days before the hearing, to owners
of property and political subdivisions likely to be affected by the repair.
ORDER:

Based upon the foregoing Findings and the entire record of proceedings, the Blue Earth County
Board of Commissioners, acting as the Drainage Authority for Blue Earth County Ditch 93, hereby
orders as follows:
1. That the Drainage Authority’s February 17, 2026 Order approving repair plans and
directing preparation of plans, specifications, and bidding documents for repair of CD 93
is hereby STAYED pending further order of the Drainage Authority.

Page 2 of 4
4915-3146-5632, v. 1

56

2. That during the pendency of this stay, no further action shall be taken to implement the
February 17, 2026 Order, including but not limited to finalizing bid documents, soliciting
bids, awarding a contract, or commencing construction, unless otherwise ordered by the
Drainage Authority.
3. That Drainage Authority staff are directed to notice and conduct one or more informal
meetings with affected landowners regarding the proposed CD 93 repair and issues raised
concerning the February 17, 2026 Order. The Drainage Authority’s engineers at I & S
Group, Inc. shall participate in such informal meetings.
4. That the informal meetings directed by this Order shall be organized and handled by
Drainage Authority staff, without participation by a quorum of the Board as the Drainage
Authority, for the purpose of gathering information, facilitating discussion, allowing for
engineering input, and identifying issues or alternatives for later consideration by the
Drainage Authority.
5. Following completion of informal meetings, I & S Group, Inc is directed to prepare and
file with the Drainage Authority an amended engineer’s report, also referred to as amended
drainage inspection report, making recommendations regarding the repair actions for CD
93 in light of the information obtained through the informal meetings and any additional
engineering review.
6. That after the amended engineer’s report/amended drainage inspection report is filed with
the Drainage Authority by its engineers at I & S Group, Inc., Drainage Authority staff shall
coordinate with the Blue Earth County Administrator to select a date, time, and location
for a reconsideration hearing on the amended engineer’s report/amended drainage
inspection report.
7. That Drainage Authority staff shall cause notice of the reconsideration hearing to be given
following the same methods of notice as Minnesota Statutes, section 103E.715. Without
limiting the foregoing, at least ten days before the reconsideration hearing, notice shall be
given by mail of the time and location of the hearing to the owners of property and political
subdivisions likely to be affected.
8. That at the reconsideration hearing, the Drainage Authority shall consider the existing
record, any supplemental information presented, the results of the staff-led informal
landowner meetings, and any additional public comment, and shall determine whether the
February 17, 2026 Order should be reaffirmed, modified, rescinded, or otherwise
addressed.
9. That this Order is procedural in nature and is intended to preserve the status quo and allow
additional process. By this Order, the Drainage Authority does not make a final
determination on whether the proposed repair should ultimately proceed as previously
ordered, be modified, or not proceed.

Page 3 of 4
4915-3146-5632, v. 1

57

After discussion, the Board Chair called the question. The question was on the adoption of the
foregoing Findings and Order, and there were ____ yeas, ____ nays, ____ absent, and ____
abstentions as follows:
O’CONNOR
PIEPHO
PAAP
STUEHRENBERG
BRUENDER

Yea






Nay






Absent






Abstain






Upon vote, the Chair declared the motion passed and the Findings and Order adopted.

_______________________________________
Patty O’Connor, Board of Commissioners Chair
Blue Earth County

Dated: May 12, 2026

* * * * * * * * * * *
I, Josh W. Milow, Blue Earth County Administrator, do hereby certify that I have
compared the above motion and Findings and Order with the original thereof as the same appears
of record and on file with the Blue Earth County Board of Commissioners and find the same to
be a true and correct transcript thereof. The above Findings and Order was filed with me, Blue
Earth County Administrator, on May 12, 2026.
IN TESTIMONY WHEREOF, I hereunto set my hand on this 12th day of May 2026.

_______________________________________
Josh W. Milow, County Administrator
Blue Earth County, Minnesota

Page 4 of 4
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58

MEMORANDUM

To:

Blue Earth County Board of Commissioners, sitting as the
Drainage Authority for Judicial Ditch 33
Josh W. Milow, County Administrator
From: Craig Austinson, County Drainage Systems Coordinator,
Property
and Environmental Resources
Date:
May 12, 2026
Subject: Appointing Viewers for Redetermination of Benefits for Judicial
Ditch 33

Purpose

Judicial Ditch 33 (JD 33) resides in Sections 22, 23, 26 and 27 of McPherson Township. JD 33
is a public drainage system established in 1918 with an approximate watershed of 896 acres.
The current Redetermination of Benefits was completed in 2007.
On December 6, 2021, drainage staff received a petition for improvement to JD 33. On June 21,
2022, the Drainage Authority appointed viewers to complete a Determination of Benefits for the
improvement. During the Determination of Benefits for the improvement, the Viewers discovered
concerns with overlapping watershed boundaries, and it was decided a Redetermination of
Benefits was necessary.
The Viewers have completed their work and Drainage Management staff are recommending the
Blue Earth County Drainage Authority officially order the Redetermination of Benefits for Blue
Earth Judicial Ditch 33. The Redetermination of Benefits will then be considered at the May 26,
2026, Drainage Authority meeting.

Requested Action

At today’s meeting of the Blue Earth County Drainage Authority, we are requesting an order to
appoint viewers for the Redetermination of Benefits for Judicial Ditch 33.

59

STATE OF MINNESOTA
Before the
BLUE EARTH COUNTY BOARD
SITTING AS THE DRAINAGE AUTHORITY FOR
JUDICIAL DITCH 33
FINDINGS AND ORDER
INITIATING THE REDETERMINATION
OF BENEFITS AND APPOINTING
VIEWERS

In the Matter of:
the Redetermination of Benefits of
Judicial Ditch 33 (JD33)

The Blue Earth County Board of Commissioners, sitting as the drainage authority for
Judicial Ditch 33, pursuant to Minn. Stat. § 103E.351, based on the record and
proceedings, is moved and seconded to adopt the following Findings and Order:

Findings:
1.

The Blue Earth County Board of Commissioners is the drainage authority for
Judicial Ditch 33.

2.

Blue Earth County utilizes a County Administrator organizational plan. The Blue
Earth County Administrator has assumed the powers and duties assigned to the
auditor under Minnesota Statutes, chapter 103E.

3.

Judicial Ditch 33 was established in 1918, and benefits were determined
concurrent with its establishment. A redetermination of benefits was completed in
2007.

4.

The current benefits roll reflects the benefitted properties, benefitted areas, and
benefit values as determined by viewers based on assumptions regarding the
future use and drainage of said properties.

5.

Since the 2007 determination of benefits and damages, land uses, and drainage
practices have changed changing the nature and value of benefits accruing to
lands from construction of the drainage system.

6.

Since the 2007 determination of benefits and damages, land values have changed
within the benefited area.

7.

The drainage authority finds that the conditions required for the initiation of a
redetermination of benefits exist, that the original benefits and damages do not
reflect reasonable present-day land values, and the benefited areas have
changed.

Order:
Based on the foregoing Findings and the entire record of proceedings before the Board,
acting as the drainage authority for Judicial Ditch 33, hereby orders as follows:
1
60

1. The Board shall follow the procedures of Minn. Stat. § 103E.351 to conduct a
redetermination of benefits.
2. Dan Ruby, Charles W. Anderson, Lance Roberts, and Gary Ewert as alternate, and
Ron Ringquist as the alternate and consultant, are hereby appointed as viewers to
complete a redetermination and report the benefits and damages for Judicial Ditch
33.
3. That within 5 days of this Order, the Blue Earth County Property and Environmental
Resources Department shall send the viewers a copy of the Order.
4. That Charles J. Brandel, PE, of ISG, be appointed to aid the viewers and provide
engineering services to support the viewers’ Benefits and Damages Report.
After discussion, the motion passed, and the Findings and Order adopted.
Approved and filed this May 12, 2026.
_______________________________
Signed, Chairperson
Blue Earth County Drainage Authority
_______________________________
Attest: Josh W. Milow, Blue Earth County Administrator

2
61

MEMORANDUM

To:

Blue Earth County Board of Commissioners, sitting as
the Drainage Authority for Judicial Ditch 33
Josh W. Milow, County Administrator
From: Craig Austinson, County Drainage Systems Coordinator,
Property and Environmental Resources
Date:
May 12, 2026
Subject: Setting Hearing for Judicial Ditch 33, Redetermination of
Benefits

BACKGROUND

Judicial Ditch 33 (JD 33) resides in Sections 22, 23, 26 and 27 of McPherson Township.
JD 33 is a public drainage system established in 1918 with an approximate watershed
of 896 acres.
On May 12, 2026, the Blue Earth County Drainage Authority approved a Findings and
Order initiating a Redetermination of Benefits for Judicial Ditch 33. Viewers were
appointed and ordered to create an updated Benefits and Damages listing and Viewers’
Report for Judicial Ditch 33.
A copy of the drafted Viewers’ Report for the Redetermination of Benefits was submitted
to Blue Earth County Drainage Management staff.

ACTION REQUESTED

We request the Blue Earth County Drainage Authority set a date of May 26, 2026, at
9:00 a.m. for a hearing on the proposed Viewers’ Report for the Judicial Ditch 33
Redetermination of Benefits.

62

STATE OF MINNESOTA
Before the
BLUE EARTH COUNTY BOARD
SITTING AS THE DRAINAGE AUTHORITY FOR
JUDICIAL DITCH 33
In the Matter of:
Setting date for the Final Hearing for
the Redetermination of Benefits for
Judicial Ditch 33 (JD33)

ORDER FOR PUBLIC HEARING

The Blue Earth County Board of Commissioners, sitting as the Drainage Authority for
Judicial Ditch 33, pursuant to Minn. Stat. § 103E.351, based on the record and
proceedings, is moved and seconded to adopt the following Findings and Order:

Findings:
1. The Blue Earth County Board of Commissioners is the Drainage Authority for
Judicial Ditch 33.
2. Blue Earth County utilizes a County Administrator organizational plan. The Blue
Earth County Administrator has assumed the powers and duties assigned to the
auditor under Minnesota Statutes, chapter 103E.
3. The Drainage Authority found that the conditions required for the initiation of a
redetermination of benefits exist, that the original benefits and damages do not
reflect reasonable present-day land values, and the benefited areas have
changed.
4. On May 12, 2026, a Findings and Order was approved and signed by the drainage
authority formally appointing Dan Ruby, Charles W. Anderson, Lance Roberts, and
Gary Ewert as alternate, and Ron Ringquist as the alternate and consultant as
viewers to redetermine and report the benefits and damages for Judicial Ditch 33.
5. On April 14, 2026, an updated draft copy of the proposed Redetermination of
Benefits and Damages statement for Judicial Ditch 33 was received by Blue Earth
County Property and Environmental Resources Drainage Management staff.
6. On May 11, 2026, an informational meeting was held with benefited landowners.
7. Pursuant to Minn. Stat. § 103E.351, subd. 2, a public hearing must be noticed by
mail to petitioners, owners of property, and political subdivisions likely to be
affected by the proposed redetermination.

Order:
Based on the foregoing Findings and the entire record of proceedings before the Board,
the Board, acting as the Drainage Authority for Judicial Ditch 33, hereby orders as follows:
1
63

1. A hearing on the proposed draft Benefits and Damages Statement for the
Redetermination of Benefits for Judicial Ditch 33, shall be held on May 26, 2026,
at 9:00 a.m., in the Board of Commissioners’ Room on the second floor of the Blue
Earth County Historic Courthouse, located at 204 South 5th Street, Mankato,
Minnesota.
2. A printed copy of the final hearing notice for each affected county must be posted
at least three weeks before the date of the final hearing at the front door of the
courthouse. Within one week after the first publication of the notice, the auditor
shall give notice by mail of the time and location of the final hearing to the
commissioner, all property owners, and others affected by the proposed drainage
project and listed in the viewers' report.
After discussion, the Board Chair called the question. The question was on the adoption
of the foregoing Findings and Order, and upon vote, the Chair declared the motion passed
and the Findings and Order adopted.
Approved and filed this May 12, 2026.
_______________________________
Signed, Chairperson
Blue Earth County Drainage Authority
_______________________________
Attest: Joshua W. Milow, Blue Earth County Administrator

2
64

MEMORANDUM
To:

Blue Earth County Board of Commissioners, sitting as
the Drainage Authority for County Ditch 28
Josh W. Milow, County Administrator
From: Ryan Hiniker, County Drainage Systems Coordinator,
Property and Environmental Resources
Date:
May 12, 2026
Subject: Setting Hearing Date for County Ditch 28, Petition for
Partial Abandonment, 103E.806

BACKGROUND

The County Ditch 28 watershed has approximately 3,900 benefitted acres and is
located in Lincoln Township.
On October 9, 2025, county drainage management staff received a Petition for Partial
Abandonment, MN § 103E.806, affecting a portion of County Ditch 28, specifically
Branch 9. This petition was reviewed by the county’s drainage attorney and found to be
adequate for the proceedings.
On December 2, 2025, the Drainage Authority appointed Charles J. Brandel, PE, of
ISG, to create and submit an Engineer’s Review Report for the Petition. The appointed
engineer filed their Engineer’s Review Report with drainage management staff on April
23, 2026. Final plans from petitioners were filed on April 30, 2026.
With all reports submitted to staff, now is the appropriate time to schedule the final
hearing for the Petition for Partial Abandonment affecting portions of Branch 9, County
Ditch 28.

ACTION REQUESTED

We request the County Ditch 28 Drainage Authority set a date of June 9, 2026, at 9:00
a.m. for the Final Hearing on the Petition for Partial Abandonment, affecting Branch 9,
County Ditch 28.

65

STATE OF MINNESOTA
Before the
BLUE EARTH COUNTY BOARD OF COMMISSIONERS
SITTING AS THE DRAINAGE AUTHORITY FOR
COUNTY DITCH 28
In the Matter of:
Setting Final Hearing date for the
Petition for Partial Abandonment,
103E.806, for Branch 9, County Ditch
28

ORDER FOR PUBLIC HEARING:
Partial Abandonment, Branch 9,
County Ditch 28 (CD 28)

At a public meeting conducted by the Blue Earth County Board, sitting as the Drainage
Authority for County Ditch 28, on May 12, 2026, it was moved and seconded to adopt the
following Findings and Order:

Findings:
1.

The Blue Earth County Board is the Drainage Authority for County Ditch 28.

2.

The County Ditch 28 Drainage Authority finds that it has jurisdiction over these
proceedings.

3.

Blue Earth County utilizes a County Administrator organizational plan. The Blue
Earth County Administrator has assumed the powers and duties assigned to the
auditor under Minnesota Statutes, chapter 103E.

4.

A petition dated October 9, 2025, was received by Blue Earth County Drainage
Authority staff, requesting partial abandonment for County Ditch 28, Branch 9,
pursuant to Minn. Stat. § 103E.806.

5.

No bond for this petitioned proceeding is required as it was filed and signed by a
government agency.

6.

Attorney Kale R. Van Bruggen, of Rinke-Noonan, on behalf of the Blue Earth
County Drainage Authority, reviewed the petition filed with the drainage authority,
affecting portions of County Ditch 28, Branch 9, and determined that the petition
met the requirements of the proceedings under MN Statute 103E.806.

7.

On December 2, 2025, County Ditch 28 Drainage Authority appointed Charles J.
Brandel, PE, of ISG, to create and submit an Engineer’s Review Report for the
Petition for Partial Abandonment, Branch 9, County Ditch 28.

8.

The Engineer’s Review Report was filed with County Drainage Management staff
on April 23, 2026.
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66

9.

Final plans for the proposed Petition for Partial Abandonment, 103E.806, were filed
on behalf of the petitioners, Blue Earth County SWCD, Minnesota Valley LLC., and
United States Fish and Wildlife Services (USFWS), with County Drainage
Management staff on April 30, 2026.

10.

With all reports submitted to Blue Earth County Drainage Management staff, now
is the appropriate time to schedule the final hearing for the proposed Petition for
Partial Abandonment, 103E.806, affecting portions of Branch 9, County Ditch 28.

11.

Pursuant to Minn. Stat. § 103E.806, subd. 3, a public hearing must be noticed by
mail to petitioners, owners of property, and political subdivisions likely to be
affected by the proposed petition.

Order:
Based on the foregoing Findings and the entire record of proceedings before the Board,
the Board, acting as the Drainage Authority for County Ditch 28, hereby orders as follows:
1. A hearing on the proposed Petition for Partial Abandonment for County Ditch 28,
Branch 9, shall be held on June 9, 2026, at 9:00 a.m. at the 2nd floor, Board of
Commissioner’s room at the Blue Earth County Historic Courthouse, 204 South 5th
St., Mankato, MN.
2. The Blue Earth County Property and Environmental Resources Department, Drainage
Management staff, shall notify the drainage authority, auditors of affected counties,
and all interested persons, of the time and location of the final hearing by publication,
posting, and mail. A printed copy of the final hearing notice for each affected county
must be posted at least three weeks before the date of the final hearing at the front
door of the courthouse in each county. Within one week after the first publication of
the notice, the auditor shall give notice by mail of the time and location of the final
hearing to the commissioner, all property owners, and others affected by the proposed
drainage proceeding and listed in the viewers' report.
After discussion, the Board Chair called the question. Upon vote, the Chair declared the
motion passed and the Findings and Order adopted.
Approved and filed this day, May 12, 2026.
_______________________________
Signed: Chairperson
_______________________________
Attest: Josh W. Milow, County Administrator
Blue Earth County
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67

MEMORANDUM
To:
From:
Date:
Subject:

Blue Earth County Board of Commissioners, sitting as
the Drainage Authority for County Ditch 65
Josh W. Milow, County Administrator
Ryan Hiniker, County Drainage Systems Coordinator,
Property and Environmental Resources
May 12, 2026
Setting Hearing for County Ditch 65 Repairs, branch 1
reroute and Final Hearing for Redetermination of
Benefits

BACKGROUND
Blue Earth County Ditch 65 watershed is approximately 763 benefitted acres in size and
primarily located in Judson Township.
On December 17, 2024, County Ditch 65 Drainage Authority appointed viewers and
initiated the Redetermination of Benefits for County Ditch 65.
A copy of the drafted Viewers’ Report for the Redetermination of Benefits was submitted
to Blue Earth County Drainage Management staff on May 1, 2026.
In field inspections including televising large portions of subsurface tile for County Ditch
65, have led to the discovery and development of current repair plans affecting portions
of branch 1, including rerouting portions. The need for repair and reroute is because the
current branch 1 tile line runs underneath portions of township road 200th Street and is
in a state of disrepair. A copy of the engineer’s repair report has been submitted to
drainage management staff on March 31, 2026.
With both the draft Viewers Report and the Engineers’ Repair Report submitted to Blue
Earth County Drainage Management staff, now is the appropriate time to schedule final
public hearings for both the Redetermination of Benefits and repair hearing.
ACTION REQUESTED
We request the Blue Earth County Drainage Authority for County Ditch 65 set a date of
June 9, 2026, at 9:00 a.m. for a hearing on the proposed Viewers’ Report for the County
Ditch 65 Redetermination of Benefits, as well as the public hearing for proposed repairs.

68

State of Minnesota
Before the
Blue Earth County Board of Commissioners
Sitting as the Drainage Authority for
County Ditch 65
In the Matter of:
Setting date for the Final Hearing for
the Redetermination of Benefits for
County Ditch 65 (CD65)

ORDER FOR PUBLIC HEARING

At a public meeting conducted by the Blue Earth County Board of Commissioners, sitting
as the Drainage Authority for Blue Earth County Ditch 65, on May 12, 2026, pursuant to
Minn. Stat. § 103E.351 subd. 2, based on the record and proceedings, it was moved and
seconded for the adoption of the following Findings and Order:
Findings:
1. The Blue Earth County Drainage Authority is the drainage authority for the County
Ditch 65 drainage system.
2. Blue Earth County utilizes a County Administrator organizational plan. The Blue
Earth County Administrator has assumed the powers and duties assigned to the
auditor under Minnesota Statutes, chapter 103E.
3. The drainage authority found that the conditions required for the initiation of a
redetermination of benefits exist, that the original benefits and damages do not
reflect reasonable present-day land values, and the benefited areas have
changed.
4. On December 17, 2024, a Findings and Order was approved and signed by the
drainage authority formally appointing Mark Behrends, Robert Hansen, Kendall
Langseth, Bruce Ness, and Wes Dahl as viewers to redetermine and report the
benefits and damages for County Ditch 65.
5. On May 1, 2026, a draft copy of the proposed Redetermination of Benefits and
Damages statement for County Ditch 65 was received by Blue Earth County
Property and Environmental Resources Drainage Management staff.
6. On June 1, 2026, an informational meeting will be held with benefited landowners
as identified on the proposed Viewers’ Report.
7. Pursuant to Minn. Stat. § 103E.351, subd. 2, a public hearing must be noticed by
mail to petitioners, owners of property, and political subdivisions likely to be
affected by the proposed redetermination.
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Order:
Based on the foregoing Findings and the entire record of proceedings before the Board,
the Board, acting as the Drainage Authority for County Ditch 65, hereby orders as follows:
1. A hearing on the proposed draft Benefits and Damages Statement for the
Redetermination of Benefits for County Ditch 65, shall be held on June 9, 2026, at
9:00 a.m., in the Board of Commissioners’ Room on the second floor of the Blue
Earth County Historic Courthouse, located at 204 South 5th Street, Mankato,
Minnesota.
2. A printed copy of the final hearing notice for each affected county must be posted
at least three weeks before the date of the final hearing at the front door of the
courthouse in each county. Within one week after the first publication of the notice,
the auditor shall give notice by mail of the time and location of the final hearing to
the commissioner, all property owners, and others affected by the proposed
drainage project and listed in the viewers' report.
After discussion, the Board Chair called the question. The question was on the adoption
of the foregoing Findings and Order, and upon vote, the Chair declared the motion passed
and the Findings and Order adopted.
Approved and filed this day, May 12, 2026.

_______________________________
Signed: Chairperson,
Blue Earth County Drainage Authority

_______________________________
Attest: Josh W. Milow, County Administrator
Blue Earth County

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70

STATE OF MINNESOTA
Before the
BLUE EARTH COUNTY BOARD OF COMMISSIONERS
SITTING AS THE DRAINAGE AUTHORITY FOR
COUNTY DITCH 65
In the Matter of:
Setting hearing date for the proposed
repairs and reroute branch 1, County
Ditch 65 (CD65)

ORDER FOR PUBLIC HEARING

At a public meeting conducted by the Blue Earth County Board, sitting as the Drainage
Authority for County Ditch 65, on May 12, 2026, it was moved and seconded to adopt the
following Findings and Order:

Findings:
1.

The Blue Earth County Board is the Drainage Authority for County Ditch 65.

2.

The County Ditch 65 Drainage Authority finds that it has jurisdiction over these
proceedings.

3.

Blue Earth County utilizes a County Administrator organizational plan. The Blue
Earth County Administrator has assumed the powers and duties assigned to the
auditor under Minnesota Statutes, chapter 103E.

4.

A repair report dated June 6, 2025, was submitted to drainage authority staff on
March 31, 2026, by engineer Charles J. Brandel, PE, of ISG.

5.

The repair location includes portions of branch 1, located in the north half of
northwest quarter of section 35 of Judson Township, primarily the Todd Johnson
property, near Lake Crystal, Minnesota.

6.

Multiple informational landowner meetings have been held, with the latest to be
held on June 1, 2026, to discuss updated repair plans and costs.

7.

Viewer Mark Behrends was asked to prepare a benefits and damages viewer
report for the area of proposed reroute and affected properties for these
proceedings.

8.

Drainage attorney Kale R. Van Bruggen was tasked with developing an easement
for the area of proposed reroute for affected portions of County Ditch 65, branch 1
reroute.

9.

The draft easement was signed by affected landowners.
1

71

10.

With all reports submitted to Blue Earth County Drainage Management Staff, now
is the appropriate time to schedule the final hearing for the proposed reroute
repairs affecting portions of County Ditch 65, branch 1.

11.

Pursuant to Minn. Stat. § 103E.715, subd. 3, a public hearing must be noticed by
mail to petitioners, owners of property, and political subdivisions likely to be
affected by the repair in the repair report.

Order:
Based on the foregoing Findings and the entire record of proceedings before the Joint
Board, the Board, acting as the Drainage Authority for County Ditch 65, hereby orders as
follows:
1. A hearing on the proposed repair report for County Ditch 65, Branch 1 repairs shall be
held on June 9, 2026, at 9:00 a.m. at the 2nd floor, Board of Commissioner’s room at
the Blue Earth County Historic Courthouse, 204 South 5th St., Mankato, MN.
2. At least ten days before the hearing, Drainage Authority Staff shall mail notice of the
time and location of the hearing to owners of property, and political subdivisions likely
to be affected by branch 1 repairs.
After discussion, the Board Chair called the question. Upon vote, the Chair declared the
motion passed and the Findings and Order adopted.
Approved and filed this day, May 12, 2026.
_______________________________
Signed: Chairperson
_______________________________
Attest: Josh W.Milow, County Administrator
Blue Earth County

2

72

Memorandum

To:

From:
Date:
Subject:

Blue Earth County Board of Commissioners
Josh Millow, County Administrator
Scott Salsbury, Property and Environmental Resources
May 12, 2026
Minnesota River-Mankato Comprehensive Watershed
Management Plan Joint Powers Agreement

Purpose

The purpose of this memo is to describe the status of the implementation process and
governance for the Minnesota River- Mankato Watershed Plan (Plan), and request
approval of the Minnesota River-Mankato Comprehensive Watershed Management
Joint Powers Agreement.
The Plan was adopted by Blue Earth County on January 6, 2026, contingent upon
approval by the Board of Water and Soil Resources. The Board of Water and Soil
Resources approved the Plan on April 22, 2026.
Each watershed plan approved under One Watershed One Plan includes provisions for
implementation of the plan activities and a governance structure. While some
watersheds, like the Blue Earth River Watershed, have chosen to use existing entities,
the Policy Committee for the Plan voted to use a joint powers collaboration for
implementation. This collaboration structure utilizes existing staff of the participating
members for recommendations and coordination. The collaboration uses existing
boards for decisions and has the same general structure as the Le Sueur River
Watershed.
The Joint Powers Agreement establishes a governance structure with a Policy Advisory
Committee, Technical Advisory Committee, Local Implementation Work Group, Plan
Coordinator, and Fiscal Agent. The Policy Advisory Committee is comprised of one
elected representative of each participating jurisdiction, and the Local Implementation
Group is comprised of one staff member of each participating jurisdiction. The Technical
Advisory Committee includes State agency staff. The Nicollet County Soil and Water
Conservation District is slated to serve as the Plan Coordinator and Fiscal Agent.
Membership dues for each entity are included in the agreement, and the dues are
planned to be set annually by the Policy Advisory Committee at a rate not to exceed
$2,500 per entity.
The members of the collaboration include the counties and soil and water conservation
districts from Blue Earth, Le Sueur, and Nicollet counties. The cities of Lake Crystal,
Mankato, North Mankato, and St. Peter have also decided to participate in the
implementation group. Each participant, including Blue Earth County Administration,
has reviewed the Joint Powers Agreement.

73

Requested Board Action

Approval of the Joint Powers Agreement for the implementation of the Minnesota RiverMankato Comprehensive Watershed Management Plan.

Attachments

Joint Powers Agreement for the Minnesota River-Mankato Comprehensive Watershed
Management Plan.

74

MINNESOTA RIVER – MANKATO
COMPREHENSIVE WATERSHED
MANAGEMENT PLAN JOINT POWERS
AGREEMENT
This Joint Powers Agreement [hereinafter “Agreement”] is made and entered into by and between the
following Parties (sometimes referred to as members):
The Counties of Blue Earth, Nicollet, and Le Sueur by and through their respective County Board of
Commissioners; and
The Blue Earth, Nicollet, and Le Sueur Soil and Water Conservation Districts, by and through their
respective Soil and Water Conservation District Board of Supervisors; and
The Cities of Lake Crystal, North Mankato, Mankato, and Saint Peter, by and through their respective
City Councils and Administrators.
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 Soil and Water Conservation Districts [hereinafter “SWCD”s] of this Agreement are
political subdivisions of the State of Minnesota, with statutory authority to provide technical assistance
to landowners and 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 Cities to this Agreement are political subdivisions of the State of Minnesota and consist
of a combination of Charter Cities authorized under Minnesota Chapter 410 and their respective
Charters and Statutory Cities authorized under Minnesota Chapter 412, with authority under
Minnesota Statutes and their respective Charters, to provide a wide range of services for benefit of
their citizens and communities, these powers include the power of each city to enter into this joint
powers Agreement for the benefit of the city.
WHEREAS, the Parties to this Agreement have a common interest and/or statutory authority to
implement the Minnesota River - Mankato Comprehensive Watershed Management Plan 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 health and productivity, protect water quality,
reduce flood risk and associated damages, 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
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Page 1 of 21

Minnesota Statutes Chapter 103E, this Agreement does not change the rights or obligations of the
public drainage system authorities.
WHEREAS, pursuant to Minnesota Statute Section 103B.101, subdivision 14, the Minnesota Board of
Water and Soil Resources [hereinafter “BWSR”] “may adopt resolutions, policies, or orders that allow
a comprehensive plan, local water management plan, or watershed management plan, developed or
amended, approved and adopted, according to chapter 103B, 103C, or 103D, to serve as substitutes
for one another or be replaced with a comprehensive watershed management plan.”
WHEREAS, the Parties previously entered into a Memorandum of Agreement to develop a plan
pursuant to Minnesota Statute Section 103B.801, Comprehensive Watershed Management Planning.
The Memorandum of Agreement is set to expire June 30, 2026. This Comprehensive Watershed
Management Plan Joint Powers Agreement does not alter the terms or obligations set forth in the
Memorandum of Agreement.
WHEREAS, it is understood by all the Parties to this Agreement that the Minnesota River - Mankato
Comprehensive Watershed Management Plan does not replace or supplant local land use, planning,
or zoning authority, but, instead, provides a framework to provide increased opportunities for
cooperation and consistency on a watershed basis, and to allow local governments to cooperatively
work together to implement projects with the highest return on investment for improving water
quality/quantity issues on a watershed basis.
WHEREAS, the Parties have formed this Agreement for the specific goal of implementing the
Minnesota River - Mankato Comprehensive Watershed Management Plan pursuant to Minnesota
Statutes Section 103B.801.
NOW, THEREFORE, the Parties hereto agree as follows:
1.
Purpose of the Agreement: The Parties to this Agreement recognize the importance of
partnerships to implement protection and restoration efforts for the Minnesota River - Mankato
Watershed Planning area (see Attachment A with a map of the planning area) on a cooperative and
collaborative basis together under this Agreement pursuant of the authority contained in Minnesota
Statutes Section 471.59. The purpose of this Agreement is to collectively implement, as local
government units, the Minnesota River - Mankato Comprehensive Watershed Management Plan while
providing assurances that decision-making spanning political boundaries is supported by an in-writing
commitment from participants.
This Agreement does not establish a Joint Powers Entity but sets the terms and provisions by which the
Parties “may jointly or cooperatively exercise any power common to the contracting Parties or any
similar powers, including those which are the same except for the territorial limits within which they
may be exercised.” Minn. Stat. § 471.59. As is permitted under Minnesota Statutes Section 471.59, the
Parties agree that under this Agreement, and as agreed upon and recommended by the Policy Advisory
Committee, one or more of the Parties may exercise any power common to them on behalf of the other
participating units. This Agreement may include a financial obligation and the ability to share
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Page 2 of 21

resources.
Parties signing this Agreement will be collectively referred to as the Minnesota River - Mankato
Watershed Collaboration [hereinafter “MR-MWC”].
2.
Term: This Agreement is effective upon signature of all Parties, in consideration of the
Minnesota Board of Water and Soil Resources operating procedures; and will remain in effect until
canceled according to the provisions of this Agreement or earlier terminated by law.
3.
Qualifying Party: A SWCD, County, or City authorized to carry out water planning and resource
management responsibilities and that is located within the Minnesota River – Mankato Watershed is
eligible to become a party to this Agreement. To become a party, the SWCD, County, or City desiring
to join as a party shall first adopt the Plan.
4.
Adding Additional Parties: A qualifying party within the Minnesota River - Mankato Watershed
Planning area desiring to become a member of this Agreement shall indicate its intent by adoption of
a resolution that includes a request to the Policy Advisory Committee to join the MR-MWC. In addition
to the resolution, a qualifying party shall submit the name and contact information of the
representatives appointed by the local government unit that will serve on the Policy Advisory
Committee. The request of the qualifying party to become a member shall be presented for
consideration of the governing bodies of the existing Parties after the request is considered by the
Policy Advisory Committee. The joining 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
Advisory Committee
5.
Withdrawal of Parties: A party desiring to leave the membership of the MR-MWC shall
indicate its intent, in writing, to the Policy Advisory Committee in the form of an official board
resolution adopted by the withdrawing party’s governing body. Notice must be made at least 60 days
in advance of leaving the Agreement. Any party that leaves the membership of the Agreement remains
obligated to comply with the terms of any grants the MR-MWC has at the time of the party’s notice to
leave membership and remains obligated to comply with the grant terms until the grant has expired
or has been closed out.
6.

General Provisions:
a.
Compliance with Laws/Standards: The Parties agree to abide by all federal, state, and
local 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, or their officers, employees or agents.
The
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Page 3 of 21

provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466 and other
applicable 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 Section 471.59, subd. 1a(a), and this is not intended to create any
liability or exposure of one party for the acts or omissions of any other party.
c.
Employee Status: The Parties agree that respective employees or agents of each party
shall remain the employees or agents of each individual respective party and shall not be
considered employees of any other party or of the collaborative, and shall not be entitled to
any compensation, rights or benefits of any kind from any other party or from the collaborative.
d.
Records Retention and Data Practices: The Parties agree that each respective party
will be responsible for complying with the Minnesota Government Data Practices Act
(Minnesota Statutes Chapter 13), and the Official Records Act (Minn. Stat. § 15.17) for the data
collected, created, received, maintained, disseminated or stored by each respective party
pursuant to the terms of this Agreement. If this Agreement is terminated, all records will be
turned over to the Fiscal Agent for continued retention.
e.
Timeliness: The Parties agree to perform obligations under this Agreement in a timely
manner and keep each other informed about any delays that may occur.
f.
Termination: This Agreement will remain in full force and effect until canceled by all
Parties through resolutions executed by the governing body of each member, unless otherwise
terminated in accordance with law or other provisions of this Agreement. If termination should
occur any remaining assets shall be disbursed as follows: 1) assets that have been purchased
with grant funding wherein the Agreement requires tracing of the asset and specific disposal
requirements shall be disposed of in accord with the funding Agreement; 2) remaining assets
shall be liquidated and any monies shall first be applied to any debt or obligation remaining; 3)
after satisfaction of any debt or obligation the remaining assets shall be divided in proportion
to total contributions to the then remaining Parties to the Agreement.
g.
Amendment: Any proposed amendments to this Agreement may be initiated by the
Policy Advisory Committee. If the Policy Advisory Committee approves the amendment by a
simple majority vote (50 percent plus one of the total committee membership), the Policy
Advisory Committee may send the amendment to the Parties' governing bodies for
consideration. Amendments shall be acted upon by the Parties within 90 days of referral. No
amendment to this Agreement is effective until all Parties' governing boards have approved
the amendment.

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h.
Dispute Resolution: If a dispute arises out of or relates to this Agreement, or the
alleged breach thereof, and if the Parties to the dispute are unable to resolve the issue through
good faith discussions, the Parties agree to use mediation services to attempt to resolve the
dispute. The Parties shall work cooperatively to select a mediator within 30 days of notice of
the dispute, the cost of which shall be shared equally among the Parties to the dispute. If
mediation fails to resolve a dispute between Parties, then the Parties will resolve the dispute
through litigation.
i.
Notices: In addition to any notice required under applicable law to be given in another
manner, any notices required under this Agreement must be in writing and shall be sufficient
if personally served or sent by prepaid, registered, or certified mail (returned receipt
requested), to the business address of the Authorized Representative to whom it is directed.
j.
Binding Effect and Modification: This Agreement shall be binding upon and inure to
the benefit of the Parties. No change or modification of the terms or provisions of this
Agreement shall be binding on the Parties unless such change or modification is in writing, has
been approved by the Policy Advisory Committee, approved by all Parties’ governing bodies,
and signed by the authorized official of each Party.
k.
Minnesota Law Governs: The laws of the state of Minnesota shall govern this
Agreement and the appropriate venue and jurisdiction for any ligation that may arise under
this Agreement will be in the courts located in the State of Minnesota.

l.
No Third-Party Beneficiary Rights: Nothing in this Agreement is intended or may be
construed to create third party beneficiary rights or to give any person or entity, other than
the Parties, any legal or equitable right, remedy, or claim under this Agreement.
m.
No Assignment: No Party to this Agreement shall assign, delegate, or transfer any
rights or obligations under this Agreement without the prior written consent of the other
Parties.
n.
Membership Dues: Local funding may be provided by establishing a “membership
dues” system payable by January 31st of each year. The amount of membership dues will be
based on a flat rate amount, not to exceed $2,500 per entity, established in the by-laws that
are approved by the PAC.
7.

Administration:
a.
Establishment of Committees for Implementation of the Minnesota River - Mankato
Comprehensive Watershed Management Plan: Committees will be established to carry out
the coordinated implementation of the Minnesota River - Mankato Comprehensive Watershed
Management Plan. A committee must include at least one Policy Advisory Committee Member
or Local Implementation Work Group Member or proxy. The committee should also include
other related service providers and subject matter experts. The Parties agree to establish,
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Page 5 of 21

under this Agreement, a Policy Advisory Committee, Technical Advisory Committee and a Local
Implementation Work Group. Additional committees may be created to review and examine
specific issues, topics of concern, and carry out implementation of this plan.
i. The Policy Advisory Committee: The Parties agree to establish a Policy Advisory Committee

[hereinafter “PAC”] for the purpose of implementing the Minnesota River - Mankato
Comprehensive Watershed Management Plan. The PAC will operate cooperatively and
collaboratively, but not as a separate entity. Each governing entity shall appoint one
representative, who must be an elected member of each governing entity to the PAC. Each
governing entity may choose to appoint one alternate to serve on the PAC appointed
member. PAC members agree to keep their respective governing entities regularly
informed on the implementation of the Minnesota River - Mankato Comprehensive
Watershed Management Plan. Each representative shall have one vote, subject to the
authority delegated by their respective governing entity. The PAC will establish bylaws to
describe the functions and operations of all committees. Once established, the PAC will
follow the bylaws adopted and have the power to modify the bylaws. The PAC will meet as
needed, but no less than bi-annually, to advise implementation of the Minnesota River Mankato Watershed Management workplan. Each member of the PAC, subject to the
authority delegated by their respective governing body, shall have the authority to act on
behalf of the Party they represent in all matters relevant to the implementation of the
Minnesota River - Mankato Comprehensive Watershed Management Plan, including but
not limited to, the recommendation to approve grant applications, grant Agreements,
interim reports, payment of invoices, and entering into professional contracts. The PAC
shall also approve an annual work plan and annual budget consisting of an itemized
statement of the Minnesota River - Mankato Comprehensive Watershed Management
Plan, revenues and expenses for the ensuing calendar year. The annual work plan and
annual budget shall be presented to the Parties’ respective governing bodies for approval.
ii. Technical Advisory Committee: The PAC and Local Implementation Work Group shall utilize

a Technical Advisory Committee [hereinafter “TAC”] to assist with developing workplans,
measuring results, and providing recommendations for plan implementation efforts.
Meetings will be held as needed but shall occur at least once per year. Invited participants
to TAC meetings shall include, but are not limited to: staff from State Agencies, other local
Government Units with the Watershed Boundary, and nonprofits.
iii. The Local Implementation Work Group: The Parties agree to establish a Local

Implementation Work Group [hereinafter “LIWG”], which shall consist of, but not limited
to, local staff, including local county staff, local city staff, local SWCD staff, and BWSR staff
for the purposes of logistical, and day-to-day decision-making in the implementation of
the Minnesota River - Mankato Comprehensive Watershed Management Plan. The LIWG
shall prepare a draft annual work plan and budget consisting of an itemized statement of
the Minnesota River - Mankato Comprehensive Watershed Management Plan revenues
and expenses for the ensuing calendar year which shall be presented to the Policy Advisory
80 shall
Committee for review. The Local Implementation Work Group will meet as needed but
Page 6 of 21

meet at least quarterly each year.
8.
Implementation of the Plan. The Parties agree to adopt and begin implementation of the
Minnesota River - Mankato Comprehensive Watershed Management Plan within 120 days of state
approval and provide notice of plan adoption pursuant to Minnesota Statutes Chapters 103B and 103D.
9.
Fiscal Agent: The PAC shall appoint one of the Parties to the Agreement to be the Fiscal Agent.
The appointed Fiscal Agent agrees to:
a.
Accept all responsibilities associated with any grant Agreements executed by the Fiscal
Agent for the implementation of the Minnesota River - Mankato Comprehensive Watershed
Management Plan.
b.
Perform financial transactions as part of any executed grant Agreement and contract
implementation.
c.
Provide strict accountability of all funds, report all receipts and disbursements, and
annually provide a full and complete audit report of the grant.
d.
Provide the PAC with the records necessary to describe the financial condition of the
grant Agreement.
e.

Include the grant information on the Fiscal Agent’s website.

f.

Retain fiscal records consistent with the Fiscal Agent’s records retention schedule (See
Section 6.d.).

g.

Perform any other duties as assigned.

h.

The Fiscal Agent on behalf of the MR-MWC may enter into Agreements with one or
more of the members, or select a contractor, to carry out additional roles that may be
needed for plan implementation efforts which include but are not limited to
Education/Outreach, Project Coordinator, and Technical Assistance/Engineering.

10.
Plan Administration: The PAC shall appoint, annually, one of the Parties to the Agreement to be
the Plan Coordinator, being the point of contact for, and handling of the day-to-day administrative
work of the Minnesota River - Mankato Comprehensive Watershed Management Plan. The appointed
Plan Coordinator agrees to:

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a. Accept all day-to-day responsibilities associated with the implementation of grants
received for implementing the Mankato Comprehensive Watershed Management Plan,
including being the primary contact for any grant Agreements, and any reporting
requirements associated with any grant Agreements not otherwise stated.
b. Provide the PAC with the necessary records to describe the implementation of the
Minnesota River - Mankato Comprehensive Watershed Management Plan.
c. Provide for proper public notice of all meetings.
d. Ensure that minutes of all PAC meetings are recorded and made available in a timely
manner to the PAC and maintain a file of all approved minutes including corrections and
changes.
e. Retain records consistent with the Fiscal Agent’s records retention schedule until
termination of the Agreement. (See Section 6.f.). Upon termination, the records will be
turned over to the Fiscal Agent.
f.

11.

Perform any other duties to keep the PAC and the LIWG informed about the
implementation of the Minnesota River- Mankato Comprehensive Watershed
Management Plan MR-MCW).

Reassignment, Removal, or Vacated Position of Plan Coordinator:
a. Any PAC member that desires to reassign the Plan Coordinator at any time later than
the first PAC meeting of each calendar year shall notify all PAC members 30 days prior
to the actual vote. The PAC may by majority vote reassign Plan Coordinator
responsibilities to another Party or Parties.
b. If the Plan Coordinator wishes to vacate their role, the Plan Coordinator shall give a
30-day notice of intent to vacate to the PAC Chair. The PAC shall meet as soon as
practicable to designate another Party or Parties to fill the role.
c. If it is found the assigned Plan Coordinator has staff guilty of malfeasance, or is unable
to perform duties, the PAC Chair shall schedule an emergency meeting as soon as
practicable to consider assigning another Party or Parties to fill the role.
d. The Plan Coordinator shall transfer records to the newly serving Plan Coordinator(s)
within 30 days of the PAC formally appointing a new Plan Coordinator(s) and provide
training required to assume the duties.

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Page 8 of 21

12.

Reassignment, Removal, or Vacated Position of Fiscal Agent:
a. Any PAC member that desires to reassign the Fiscal Agent at any time later than the respective
grant funding request shall notify all PAC members 30 days prior to the actual vote. The PAC
may by majority vote reassign Fiscal Agent responsibilities to another Party or Parties.
b. If the assigned Fiscal Agent Party wishes to vacate their role, a 30 day notice of vacating said
role shall be given prior to vacating the position by the vacating Party to the PAC Chair and Plan
Coordinator. The PAC shall meet as soon as practicable to assign another Party or Parties to fill
the role.
c. If it is found the assigned Fiscal Agent has staff guilty of malfeasance, or is unable to perform
duties, the PAC Chair shall schedule an emergency meeting as soon as practicable to consider
assigning another Party or Parties to fill the role.
d. The Fiscal Agent shall notify the grantor of the new Fiscal Agent within 30 days of the PAC
formally appointing a new Fiscal Agent, and shall thereafter follow the Grantor’s process to
transfer records and funds to the new Fiscal Agent and provide training required to assume the
duties.
e. A new sub agreement will be made and entered into between the newly serving Fiscal Agent
Party and the PAC.

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Page 9 of 21

13. Authorized Representatives: The following persons will be the primary contacts for all matters
concerning this Agreement:

Blue Earth County

Blue Earth Soil & Water Conservation District

Scott Salsbury or successor
Land Use Planner
410 S 5th Street
Mankato MN 56001
1 (507) 304-4489

Jerad Bach or successor
District Manager
1160 S Victory Drive Suite 5
Mankato MN 56001
1 (507) 345-4744

Le Sueur County

Le Sueur County Soil & Water Conservation District

Holly Bushman or successor
Water Resources Manager
88 S Park Avenue
Le Center MN 56057
1 (507) 357-8540
Nicollet County

Mike Schultz or successor
District Manager
181 W Minnesota Street
Le Center MN 56057
1 (507) 419-0365
Nicollet Soil & Water Conservation District

Steven Budka or successor
Environmental Specialist
501 S Minnesota Avenue
Saint Peter MN 56082
1 (507) 934-7073

Kevin Ostermann or successor
District Manager
501 7th Street PO BOX 457
Nicollet MN 56074
1 (507) 232-2550

City of Lake Crystal

City of North Mankato

Angela Grafstrom or successor
City Administrator
10 E Robinson Street
Lake Crystal MN 56055
1 (507) 726-2538

Luke Arnold or successor
Public Works Director
1139 Center Street
North Mankato MN 56003
1 (507) 345-5570

City of Mankato

City of Saint Peter

Jeff Johnson or successor
Director of Public Works
501 S Victory Drive
Mankato MN 56001
1 (507) 387-8460

Curtis Thompson or successor
Water Resources Superintendent
405 W Julien Street
Saint Peter MN 56083
1 (507) 934-0670

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Page 10 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; Blue Earth County
Approved:

By:
Board Chair

Date

By:
County Administrator

Date

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Page 11 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; Le Sueur County
Approved:

By:
Board Chair

Date

County Administrator

Date

By:

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Page 12 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; Nicollet County
Approved:

By:
Board Chair

Date

County Administrator

Date

By:

87

Page 13 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; Blue Earth Soil & Water Conservation District
Approved:

By:
Board Chair

Date

District Manager

Date

By:

88

Page 14 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; Le Sueur County Soil & Water Conservation District
Approved:

By:
Board Chair

Date

District Manager

Date

By:

89

Page 15 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; Nicollet Soil & Water Conservation District
Approved:

By:
Board Chair

Date

District Manager

Date

By:

90

Page 16 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; City of North Mankato
Approved:

By:
Mayor

Date

City Administrator

Date

By:

91

Page 17 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; City of Mankato
Approved:

By:
Mayor

Date

City Administrator

Date

By:

92

Page 18 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; City of Saint Peter
Approved:

By:
Mayor

Date

City Administrator

Date

By:

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Page 19 of 21

IN TESTIMONY WHEREOF the Parties have duly executed this Agreement by their duly
authorized officers.
Party; City of Lake Crystal
Approved:

By:
Mayor

Date

City Administrator

Date

By:

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Page 20 of 21

Attachment A- Figure of Planning Area

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Memorandum
To:
From:

Date:
Subject:

Blue Earth County Board of Commissioners
Joshua W. Milow, County Administrator
William Johnson, Property & Environmental Resources
Supervisor
Michael Stalberger, Property & Environmental Resources
Director
May 6, 2026
Countywide Abatement Policy Revision

Background

Staff have completed a review and update to the Property & Environmental Resources
Abatement Policy to clarify the distinction between “clerical error” and “data error.” This
distinction is central to how abatement requests are evaluated under Minnesota Statutes
375.192 and County policy, particularly for valuation, classification, and exemption-related
abatements.

Summary of Changes

The proposed revisions refine and expand the definitions of “clerical error” and “data error” to
more clearly distinguish between:
•

Errors in the handling or processing of information (clerical), and

•

Errors in the underlying information itself (data).

The Updated Policy:
•

•
•
•

•
•

Defines clerical error as mistakes occurring during ministerial or administrative
processing (e.g., data entry, calculation, coding, or system processing errors), where no
judgment or discretion is involved.
Clarifies that clerical errors include failures to carry out required administrative actions
according to established procedures.
Provides expanded examples to improve consistency in application.
Defines data errors as inaccuracies in the substance or quality of information relied upon
by the County (e.g., incorrect property characteristics, incomplete data, or reliance on
third-party information later found to be inaccurate).
Emphasizes that data errors may occur even when the County acted in good faith using
the best available information at the time.
Clarifies that new or corrected information received after the assessment date does not
constitute a clerical error.

Reason for the Change

In practice, distinguishing between clerical and data errors has been a frequent source of
confusion for both taxpayers and staff. The prior definitions, while generally accurate, lacked
sufficient specificity and examples to ensure consistent interpretation.
These updates were made to:

96

•
•
•
•

Improve clarity and transparency for taxpayers.
Promote consistent and equitable application of the abatement policy.
Align internal decision-making with statutory intent and standard assessment practices.
Reduce disputes and misunderstandings regarding eligibility for abatement.

Impact

This update does not expand or restrict eligibility for abatements under Minnesota law. It also
does not change the delegation authority the County Board has provided to the Department.
Instead, it provides clearer guidance on how existing standards are applied.
By better defining these terms, the County will:
•
•
•

Improve consistency in abatement determinations.
Provide clearer explanations to applicants.
Strengthen defensibility of decisions.

Next Steps

Following discussion at the April 28 work session, staff finalized the agreed-upon updates and
recommend adopting the revised policy language to the County’s Abatement Policy.

97

Property & Environmental Resources Policy: Abatements
Presented to the Board for Adoption: May 2026

This policy ensures all taxpayers and property owners in Blue Earth County are treated fairly
and equitably and have equal access to and consideration for abatements. Abatements are
generally corrections of clerical errors in classification or valuation, adjustments due to isolated
disasters such as fires, or forgiveness of penalties or interest associated with tax payments.
POLICY STATEMENT/PURPOSE
Blue Earth County considers and grants abatement of property values, classifications, taxes,
penalty, interest and costs consistent with Minnesota Statutes. Abatements are only considered
and may be granted as they relate to taxes payable in the current year and the two prior years
for documented cases of hardship or clerical errors. Abatement policy provisions and
procedures, as well as standards for approval, are defined in this policy and are applied
consistently and equitably to all taxpayers.
This policy does not include economic development tax abatements authorized in Minn. Stat.
Chapter 469.
DELEGATION OF AUTHORITY
The Blue Earth County Board of Commissioners delegates its authority to grant abatements
under this policy to the authorized officials responsible for the duties necessary to administer the
abatements subject to this policy. The delegation is authorized for abatements for any
corrections or changes that result in a refund or credit to the applicant of no more than $10,000.
The County Board shall receive an annual update summarizing abatements approved under this
delegated authority.
If the abatement generates a resulting credit or refund in excess of $10,000, County Board
action is required.
The County Board delegates its authority to approve all disaster abatements authorized in Minn.
Stat. 273.1231 through 273.1235 to the County Assessor regardless of resulting credit or refund
amount provided the Assessor applies the standards set forth in statute. In instances of widespread disaster, County Board action may be required.
The County Board delegates its authority to approve abatement of late current year tax
payments authorized in Minn. Stat. 279.01 pursuant to the Property & Environmental Resources
Department “Late Tax Payments” administrative policy.
Any abatement denied under the delegated authority to the Property & Environmental
Resources Department is considered final.
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Property & Environmental Resources Department Policy: Abatements
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GENERAL STATEMENTS
Market value and property classification are defined by statute and are determined as of the
assessment date annually. Minn. Stat. 375.192, the applicable abatement statute:
• Authorizes the County Board to grant a reduction or abatement of estimated market
valuation or taxes, and costs, penalties or interest on the late payment of tax or on
delinquent taxes.
• Restricts consideration for abatement approval to the current tax year and the prior two
years in the cases of hardship or clerical error.
• Allows the County Board to delegate any authority, power or responsibility assigned to
the Board for granting a reduction or abatement to the County Auditor.
All applications for abatement must be accepted and considered and the County does not
charge an application fee for abatement. Any abatement resulting in a credit or refund of less
than $10.00 will be considered ineligible.
Abatement is considered a last resort to correct assessment errors in valuation or classification
when no other solution is possible. Abatements are not to be used only as a means to reduce
conflict or controversy.
The definitions of hardship and clerical error as stated in this policy are applied consistently by
Property & Environmental Resources Department staff in considering whether abatements are
approved.
The Property & Environmental Resources Department promptly acts on abatement applications
and does not pay interest on any refunded amounts. In applying for abatement, the applicant
acknowledges no interest will be paid.
ABATEMENT POLICY
Abatement is considered a last resort to correct assessment errors in valuation or classification
when no other solution is possible. They are not to be used only as a means to reduce conflict.
Granting approval to abatements is discretionary to each County, but the County must allow any
applicant to submit a request. The application must be in writing in a prescribed format.
There are six categories of abatement:
1. Valuation: Valuation abatement is based on market value and requires applicant proof of
a clerical error (not data error) that impacts the Assessor’s valuation of the property or a
proof of a hardship precluding the applicant from appealing the valuation through normal
processes when there is no clerical error.
2. Classification: Classification abatement, excluding abatement for Homestead, is based
on use of the property as defined by statute and requires applicant proof of a clerical
error (not data error) in the Assessor’s determination of classification or a proof of a
hardship precluding the applicant from appealing the classification through normal
processes when there is no clerical error.
3. Exemption: Exemption is predicated on statutory requirements related to qualifying
ownership and property use and can only be granted according to statute. In order for an
exemption abatement to be approved, the applicant must prove clerical error (not data
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Property & Environmental Resources Department Policy: Abatements
99

error) of the Property & Environmental Resources Department or a hardship precluding
the applicant from making application and qualifying for exemption as provided for in law.
4. Homestead: Homestead is a classification requiring ownership and occupancy within
statute-specific dates and timely application also according to statute. In order for a
homestead abatement to be approved, the applicant must prove clerical error (not data
error) of the Property & Environmental Resources Department or a hardship precluding
the applicant from making application and qualifying for homestead as provided for in
law.
5. Disaster: Abatement for isolated disasters as authorized in Minn. Stat. 273.1231 through
273.1235 can only be granted according to statute. The Property & Environmental
Resources Department proactively attempts to notify potentially qualifying applicants for
disaster abatement however final responsibility for disaster abatement application lies
with the applicant.
6. Penalty/Interest/Cost: Minnesota Statutes dictate the collection of penalty, interest or cost
for property tax payments. Current tax year abatement applications are accepted for
penalty only. Prior tax year applications are accepted for penalty, interest or cost.
Abatement of penalty/interest/cost are considered according to the current Property &
Environmental Resources Department “Late Tax Payments” administrative policy. That
policy is based on postmark date, hand-delivery date, and special-circumstance
hardships. Abatement due to hardship requires substantiation of inability to pay taxes
timely. In instances where clerical error results in a wrong earlier due date, any incurred
penalty/interest/cost is abated up to the correct later property tax due date.
Any approved abatement in the above six categories applies at maximum to the current tax year
as defined in this policy and two prior tax years if substantiated each of those years. In most
instances of hardship, the abatement applies to only the current tax year.
Routinely, a clerical error (not data error) that results in abatement for valuation, classification or
exemption is discovered during the period of time provided in law for Local and/or County Board
of Appeal and Equalization.
During that period of time, the current tax year for purposes of this policy is the year of the
application. Once the Local and/or County Board of Appeal processes are no longer available,
the current tax year is the year after the year of the application.
Applications for abatement are accepted from the property owner or a party with an obligation or
financial interest related to the payment of the property taxes. Applicants can be the party that
originally paid the property taxes subject to the abatement or that is currently responsible for
paying the property taxes, whichever scenario is applicable. Applications must be completed
fully. Any private, confidential or non-public data will be protected by Property and
Environmental Resources Department staff during processing of the application.
Applicants for abatement are encouraged to pay the full amount of the tax, and any penalty,
interest or cost while the abatement application is pending. If the abatement is denied, the
applicant will be responsible for any unpaid tax along with any penalty, interest or cost that have
accrued. A refund will be issued to the taxpayer if the abatement results in an overpayment of
tax. The Property & Environmental Resources Department notifies the applicant of the
application’s disposition.
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If an application for abatement is approved and approval results in refund, the refund is
processed as promptly as practicable. In instances when the property has late or delinquent
property taxes that are the responsibility of the applicant, the proceeds of the refund are applied
to those late or delinquent property taxes before a refund is issued. In instances when a refund
is due, payment is made to the party making application unless provisions are made to provide
refund to payees based on original payments made and now reduced and resulting in refund.
Any resulting refunds are mailed.
In consideration of applications received by the Property & Environmental Resources
Department, staff consistently applies all provisions of this policy. Specifically, department staff:
•

Adheres to all applicable statutory provisions.

•
•

Applies this policy’s definitions of hardship and clerical error.
Considers but then denies all applications if the resulting credit or refund is less than
$10.00.
Prohibits application to reduce, abate or refund any special assessment made or levied
by any municipality for local improvement until the municipality previously approves such
reduction, abatement or refund.
Maintains that property owners have shared responsibility regarding finding and
correcting errors during the statutorily-allowed Local and/or County Board of Appeal
processes.
Maintains that abatement is not granted solely on the basis of a property selling below
the Assessor’s market value without evidence of error, supporting evidence such as a
recent arm’s length sale or valid appraisal, and supporting evidence of hardship as
stated in this policy.
Maintains that failure to report changes in ownership for personal property does not
constitute a basis for abatement without substantiating hardship or clerical error.
Maintains that failure to receive a valuation notice or tax statement does not constitute a
basis for abatement without substantiating hardship or clerical error.
Maintains that forgetting to pay property taxes on time does not constitute a basis for
abatement of penalty, interest or cost without substantiating hardship.
Notifies the Commissioner of Revenue of abatements as required by statute.

•

•

•

•
•
•
•

If the abatement generates a resulting credit or refund in excess of $10,000, County Board
action is required. These abatements first require approval by both the County Assessor and the
authorized delegate of the Property & Environmental Resources Department Director. In the
case of abatement of penalty or interest only in excess of $10,000, the application must first be
approved by the authorized delegate of the Property & Environmental Resources Department
Director.
After receiving applicable staff approval, the Property & Environmental Resources Department
gives twenty (20) days’ notice to the school board and municipality in which the property is
located in accordance with statute before presenting the abatement to the County Board.
Additionally, the County Board does not reduce, abate or refund any special assessment made
or levied by any municipality for local improvement unless the municipality previously approves
such reduction, abatement or refund.
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Property & Environmental Resources Department Policy: Abatements
101

The Property & Environmental Resources Department notifies the applicant of the application’s
disposition. Any abatement requiring County Board action that is denied is considered final.
While Blue Earth County abatement policy is limited to a maximum of the current tax year and
two prior tax years in accordance to law, the Commissioner of Revenue has limited authority in
Minn. Stat. 270C.86 to grant abatement for additional years. The Commissioner considers
abatements for situations involving errors made by government officials or when there is no
other method to rectify unjustly or erroneously applied property taxes. As policy, the
Commissioner does not consider abatements for an error in acreage amount, building size or
value or the existence (or not) of a building. The Commissioner has historically maintained that
there is a shared responsibility between the counties and the taxpayers in terms of finding and
correcting errors within the given time limit. The Property & Environmental Resources
Department Director considers taxpayer requests for application to the Commissioner of
Revenue to determine if application is appropriate.
ABATEMENT PROCEDURE
Procedures are maintained by the Property & Environmental Resources Department.
Department staff consistently applies abatement procedures to all applications.
DEFINITIONS
Abatement: A reduction in valuation, taxes and/or diminution of penalty, interest and cost on
taxes not paid by the due date.
Applicant: The property owner or an individual with an obligation or financial interest related to
the payment of property taxes. Applicants can be the party that originally paid the property taxes
subject to the abatement or that is currently responsible for paying the property taxes, whichever
scenario is applicable.
Assessment Date: Statutory date on which the County Assessor determines market value and
classification.
Classification Error: An error in application of the statutory description of property classification
according to type and use of property.
Clerical Error: An error made in the performance of clerical actions or ministerial processing of
information by the County or its authorized agents. Clerical errors occur when accurate
information is incorrectly recorded, transmitted, calculated, or applied, without the exercise of
judgment or discretion.
Clerical errors include, but are not limited to: Data entry, transcription, transposition, or
typographical errors and mistakes. Coding or classification input errors where the intended
classification is known. Mathematical or calculation errors. System processing errors resulting
in incorrect billing, valuation, or delinquency status. Failure to perform a required ministerial act
in accordance with established procedures.
A clerical error may result in erroneous classification, valuation, or the improper assessment of
penalty, interest, or fees.
Current Tax Year: Current year of the application in which property taxes are payable. For
valuation, classification or exemption abatements, if the Local and County Board of Appeal
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102

processes are no longer available, the current tax year is the year after the year of the
application.
Data Error: An error due to inaccurate, incomplete, or outdated information used by the County
in determining property classification or valuation. A data error concerns the substance, quality,
or completeness of the underlying information, rather than the clerical or ministerial handling of
that information. A data error exists when the County, acting in good faith, relies on information
that is later determined to be incorrect or incomplete, provided no clerical error occurred in
recording, processing, or applying that information.
Data errors include, but are not limited to: Incorrect or incomplete property characteristics such
as acreage, square footage, or improvements. Misclassified land use based on available but
inaccurate data. Errors resulting from assumptions, modeling, or standard appraisal practices
applied in good faith. Reliance on third-party or taxpayer-provided information that is later found
to be inaccurate.
The subsequent discovery, correction, or submission of new or updated information, such as
changes to crop equivalency ratings (CERs) or acreage, after the assessment date does not
constitute a clerical error, even if it results in a change to valuation or classification.
Disaster Abatement: A reduction of taxes on property that has been accidentally or
unintentionally damaged due to a disaster that renders property uninhabitable or unusable, and
the damage is at least fifty (50%) percent of the structure value. These requirements are
established in statute.
Hardship (Personal): Any event or circumstance beyond the control of the applicant which
precludes the applicant from filing for a reduction or an adjustment of the value or property taxes
according to the typical processes or in a timely manner for property not owned by an entity.
Examples of a hardship include, but are not limited to, a tragedy or casualty suffered by the
applicant (such as a death of the property owner or taxpayer or relative, extreme or extended
illness or medical condition, mental incapacity, accident, fire or other extreme hardship). In the
case of abatement of penalty/interest/cost, the hardship must be the direct cause of the late
payment of tax. Claims of a lost check hardship must be accompanied by a copy of a dated stop
payment order filed with the applicant’s bank. Financial hardship – or inability to pay – does not
fall within this definition. Lack of control of the property at the time of the assessment and
resulting tax subject to the abatement does not constitute a hardship.
Hardship (Entity): When property is not owned by an individual, hardship does not apply unless
documentation is also presented that demonstrates that no other persons, such as associates,
partners, consultants, accountants or authorized agents other than the applicant are involved in
or have responsibility for property tax matters. If documentation is presented, then the other
provisions of a Hardship (Personal) must be met.
Market Value: Market value is the estimated amount property would sell for if it were to be sold
in an arm's length transaction as determined by the County Assessor on the applicable
assessment date.
Ministerial Act: A government action performed according to legal authority, established
procedures or instructions from a superior, without exercising any individual judgment.

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Penalty/Interest/Cost: The dollar amount specified by Minnesota law that is over and above the
originally calculated tax, paid by a taxpayer for which abatement is sought. Current tax year
applications are accepted for penalty only. Prior tax year applications are accepted for penalty,
interest and cost.
Relative: A relative for purposes of this policy applies only to Hardship (Personal) and is limited
to grandchild, child or parent of the property owner or the spouse of the property owner.
STATUTORY AUTHORITIES
Primary: Minn Stat. 375.192
Supporting/Background: Minn Stat. 270C.86; 273.1231 through 273.1235; Chapter 278; 279.01

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Property & Environmental Resources Department Policy: Abatements
104

BLUE EARTH COUNTY BOARD
PUBLIC WORKS AGENDA
May 12, 2026

ACTION ITEMS:

1. Consider bid award for 2026 maintenance striping contract.
2. Consider bid award for 2026 asphalt emulsion for maintenance seal coating.
3. Consider bid award for 2026 maintenance gravel hauling contract.
4. Consider bid award for SAP 007-605-021 – CSAH 5 (Third Avenue) reconstruction from
Riverfront Drive to Cleveland Street in Mankato.
5. Consider MnDOT agreement no. 1062917 for Local Bridge Replacement Program funds
for SAP 007-605-021– CSAH 5 (Third Avenue) reconstruction from Riverfront Drive to
Cleveland Street in Mankato.
6. Consider Resolution for MnDOT agreement no. 1062917 for Local Bridge Replacement
Program funds for SAP 007-605-021– CSAH 5 (Third Avenue) reconstruction from
Riverfront Drive to Cleveland Street in Mankato.
7. Consider MnDOT agreement no. 1062965 for Local Road Improvement Program funds
for SAP 007-605-021– CSAH 5 (Third Avenue) reconstruction from Riverfront Drive to
Cleveland Street in Mankato.
8. Consider Resolution for MnDOT agreement no. 1062965 for Local Road Improvement
Program funds for SAP 007-605-021– CSAH 5 (Third Avenue) reconstruction from
Riverfront Drive to Cleveland Street in Mankato.
9. Consider Final Payment for CR 139 Bridge Replacement (SAP 007-598-037)

DISCUSSION ITEMS

10. CSAH 60 (Stadium Road) MnDOT speed study limits revision.

INFORMATION ITEMS:

11. Project updates:
a. CSAH 5 from Riverfront Drive to Summit Avenue.
b. CSAH 4 bridge replacement.
c. CSAH 10 from the west County line to CSAH 20.
d. CSAH 40 slope repair.
e. CSAH 26 bridge replacement.
f. CSAH 69 reconstruction.
g. 2026 Bituminous Overlays.
h. Red Jacket Trail
12. Maintenance activities update
13. Rapidan Dam update & discussion (May 6, 2026, Memorandum)

105

BLUE EARTH COUNTY BID TABULATION SHEET/ABSTRACT OF BIDS

LETTING DATE: APRIL 21, 2026

2026

TIME: 1:30 P.M.

FOR: TRAFFIC PAINTING

QUANTITY

SIR LINES-A-LOT

VOGEL TRAFFIC
SERVICES

KAMCO, INC.

YELLOW PAINT

4,250 GAL

19.60 I $83,300.00

21.01 / $89,292.50

19.10 / $81,175.00

WHITE PAINT

7,000 GAL.

19.60 I $137,200.00

21.51 / $150,570.00

19.10 / $133,700.00

BEADS

90,000 LBS.

,80 / $72,000.00

.765 / $68,850.00

.73 / $65,700.00

$292,500.00

$308,712.50

$280,575.00

TRAFFIC PAINT

TOTAL

I

BID AWARDED TO:

PREVIOUS YEAR
2025

BLUE EARTH COUNTY BID TABULATION SHEET/ABSTRACT OF BIDS
FOR: TRAFFIC PAINTING

QUANTITY

TRAFFIC PAINT
YELLOW PAINT
WHITE PAINT
BEADS
TOTAL

4 250 GAL
7,000 GAL.
90,000 LBS.

(PREVIOUSLY AAA STRIPING)

VOGEL TRAFFIC
SERVICES

KAMCO, INC.

18.60 / $_1_9_,050.00
19.20 I $134,400.00
.76 / $68,400.00

23.87 I $101,447.50
23.87 I $167,090.00
.74 / $66,600.00

N/A
N/A
N/A

$281,850.00

$335,137.50

N/A

SIR LINES-A-LOT

106

BLUE EARTH COUNTY BID TABULATION SHEET/ABSTRACT OF BIDS
FOR: CRSBITUMINOUSMATERIAL

TIME: 1:30 P.M .

LETTING DATE: APRIL 21, 2026

2026

BITUMINOUS MATERIAL

QUANTITY

H.G. MEIGS

JEBRO

FLINT HILLS

CRS2 Emulsified Asphalt (Base Bid)
( OR)
CSS1H Diluted 1 to 1
CQS-1H D50 (Base Bid)

1150TONS

530.00 I $609 500.00

727.12 I 836,188.00

554.00 I $637,100.00

140TONS

294.00 I $41,160.00

437.12 / $61,196.80

318.00 I $44,520.00

$650,660.00

$897,384.80

$681,620.00

$601.80

$792.12

$604.00

$90,270.00

$118,818.00

$90,600.00

TOTAL

(Base Bid Only)

CRS-2P Emulsified Asphalt (Alternate)

150TONS

TOTAL - CRS-2P ASPHALT (Alternate)

BID AWARDED TO (Base Bid Only):

PREVIOUS YEAR - 2025
BLUE EARTH COUNTY BID TABULATION SHEET/ABSTRACT OF BIDS
CRSBITUMINOUSMATERIALS
BITUMINOUSMATERIAL
CRS2Emulsified Asphalt (Base Bid)

( OR)
CSS1H Diluted 1 to 1
CQS-1H D50 (Base Bid)

TOTAL

QUANTITY
1150TONS

H.G .MEI GS
597.74 I $687,401.00

JEBRO
690.11/ $793,626.50

FLINT HILLS
N/A

200TONS

378.74 I $75,748.00

402.61 I $80,522.00

N/A

$763,149.00

$874,148.50

$674.74
$101,211.00

$720.11
$108,016.50

(Base Bid Only)

CRS-2PEmulsified Asphalt (Alternate)
TOTAL - CRS-2P ASPHALT (Alternate)

150TONS

N/A

107

BLUE EARTH COUNTY BID TABULATION SHEET/ABSTRACT OF BIDS

LETTING DATE: APRIL 21, 2026

2026

TIME: 1 :30 P.M.

FOR: MTCE GRAVEL HAULING 40,000 TON

QUANTITY

MAX JOHNSON
TRUCKING

R&E
ENTERPRISES

DLL EXCAVATING

TIMM'S TRUCKING

W LORENTZ

UNIT PRICE PER TON MILE

900,000 TONS

.26 / $234,000.00

.28 I $252,000.00

.3275 / $294,750.00

N/A

N/A

LOADER PRICE

40,000 TONS

.75 / $30,000.00

.90 I $36,000.00

.85 I $34,000.00

$264,000.00

$288,000.00

$ 328,750.00

$135.00

$145.00

$169.00

TOTAL
EQUIPMENT RENTAL(Informational Purposes Only)

100 HOURS

BID AWARDED TO:

PREVIOUS YEAR (2025)
BLUE EARTH COUNTY BID TABULATION SHEET/ABSTRACT OF BIDS
MAINTENANCE GRAVEL HAULING
QUANTITY
UNIT PRICE PER TON MILE
LOADER PRICE

900,000 TONS
40,000 TONS

TOTAL
EQUIPMENT RENTAL
Informational Purpose Only)

100 HOURS

MAX JOHNSON
TRUCKING
.25 I $225,000.00
.88 / $35,200.00

R&E
ENTERPRISES
.25 I $225,000.00
.89 I $35,600.00

$260,200.00

$260,600.00

.26 / $234,000.00
.80 I $32,000.00

WM. D. SCEPANIAK,
INC.
.285 / $256,500.00
.75 / $30,000.00

$ 266,000.00

$ 286,500.00

TIMM'S TRUCKING

DLL EXCAVATING
.37 I $333,000.00
.75 / $30,000.00

$

363,000.00

$125.00 I $12,500.00 $135.00 I $13,500.00 $135.00 I $13,500.00 $165.00 I $16,500.00 $155.00 I $15,500.00

108

Report Date: 4/29/2026
BLUE EARTH COUNTY
PROJECT BID SUMMARY

Project Name: CSAH 5 (3rd Avenue) Reconstruction
Project No.: SAP 007-605-021
Engineer's Estimate
BIDDER
Holtmeier Construction Inc.
G M Contracting Inc.
BCM Cconstruction, Inc.

Contract No.: 267052
Bid Opening: 4/29/2026, 10:00 AM
$8,430,154.76
TOTAL BID AMOUNT
$7,857,181.55
$9,158,153.30
$11,311,111.00

PERCENT OVER/UNDER
ESTIMATE
6.80% Under Est.
8.64% Over Est.
34.17% Over Est.

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MnDOT Agreement No. 1062917
SAP No. 007-605-021

LOCAL BRIDGE REPLACEMENT PROGRAM (LBRP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.50 and pursuant to
Minn. Laws 2025, 1st Special Session, Chapter 15- H.F. 18. The provisions in that section and the
Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons
signing below agree to fully comply with all of the requirements of this Agreement. This
Agreement will be effective on the date State obtains all required signatures under Minnesota
Statutes §16C.05, subdivision 2.
1. Public Entity (Grantee) name, address and contact person:
Blue Earth County Public Works Department
19505 Stoltzman Road, P.O. Box 3083
Mankato, MN 56002-3083
Contact: Ryan Thilges, P.E., County Engineer / Public Works Director
2.

Project(s):
Name of Project &
Project Number
(See Exhibit C for
location)

Amount of
LBRP Funds

Amount of Required
Matching Funds

SAP 007-605-021

$144,433.88

$7,712,747.66

Completion Date

December 31, 2030

3.

Total Amount of LBRP Grant for all projects under this Agreement: $144,433.88.

4.

The following Exhibits for each project are attached and incorporated by reference as part of
this Agreement:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F

Revised June 2025

Completed Sources and Uses of Funds Schedule
Project Schedule, Workforce Certificate, and Equal Pay Certificate
Bond Financed Property Certification
Grant Application
Grantee Resolution Approving Grant Agreement
General Terms and Conditions

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5.

Additional requirements, if any: None

6.

Any modification of this Agreement must be in writing and signed by both parties.

(The remaining portion of this page was intentionally left blank.)

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PUBLIC ENTITY (GRANTEE)

DEPARTMENT OF TRANSPORTATION

The Grantee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the
Grantee as required by applicable articles, bylaws,
resolutions, or ordinances.

Approval and Certifying Encumbrance as required by
Minnesota Statutes § 16A.15 and 16C.05

By: __________________________________

By: __________________________________

State Aid Programs Manager
(with delegated authority)

Title: ________________________________

Date: ________________________________

Date: ________________________________

DEPARTMENT OF TRANSPORTATION
CONTRACT MANAGEMENT

By: __________________________________
Title: ________________________________

By: __________________________________

Date: ________________________________

Date: ________________________________

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MnDOT Agreement No. 1062917
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EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE

SOURCES OF FUNDS
Entity Supplying Funds

USES OF FUNDS

Amount

Expenses

State Funds:
2025 LBRP Funds Grant
(SAAS Acct 434)
Other:

Amount

Items Paid for with
LBRP
Grant Funds:

$144,433.88

Bridge Construction

$144,433.88

2023 LRIP Funds
(SAAS Acct 385)
Via agreement # 1062965

$1,500,000.00

Roadway, curb and gutter,
storm sewer

$1,500,000.00

Subtotal

$1,644,433.88

Subtotal

$1,644,433.88

Public Entity Funds:
Matching Funds
Local Match

Items paid for with NonLBRP Grant Funds:

$6,212,747.66

Other:

Construction

$6,212,747.66

Subtotal

$6,212,747.66

Subtotal

$6,212,747.66

TOTAL FUNDS

$ 7,857,181.54 = TOTAL PROJECT
COSTS

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$ 7,857,181.54

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EXHIBIT B
PROJECT SCHEDULE, WORKFORCE CERTIFICATE, AND EQUAL PAY CERTIFICATE

Award Date: May 12, 2026
Construction Start Date: May 26, 2026
Construction Substantial Complete Date: September 1, 2027
Contract Final Completion Date: December 31, 2030

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EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota
General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the real
property located in the County(ies) of Blue Earth, State of Minnesota that is generally described or
illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the “Restricted
Property”) and acknowledges that the Restricted Property is or may become State bond-financed
property. To the extent that the Restricted Property is or becomes State bond-financed property, the
undersigned acknowledges that:
A.

The Restricted Property is State bond-financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of the
Commissioner of Minnesota Management and Budget; and

B.

The Restricted Property is subject to the provisions of the Local Bridge
Replacement Program Grant Agreement between the Minnesota Department of
Transportation and the undersigned dated May 12, 2026; and

C.

The Restricted Property shall continue to be deemed State bond-financed property
for 37.5 years or until the Restricted Property is sold with the written approval of
the Commissioner of Minnesota Management and Budget.

Date: May 12, 2026
_____________________________________
Blue Earth County, a political subdivision
of the State of Minnesota
By: ________________________________
Name: Patty O’Connor
Title: County Board Chairperson
By: ________________________________
Name: Joshua W. Milow
Title: County Administrator

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MnDOT Agreement No. 1062917
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Attachment 1 to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY

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EXHIBIT D
GRANT APPLICATION
Attach the grant application for the project

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EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT

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MnDOT Agreement No. 1062917
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RESOLUTION
Local Bridge Replacement Program Grant Agreement
Grant Terms and Conditions
SAP 007-605-021
May 12, 2026
WHEREAS, Blue Earth County has applied to the Commissioner of Transportation for a grant
from the Minnesota State Transportation Fund related to new Bridge No. 07J44; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is
available; and
WHEREAS, the amount of the grant has been determined to be $144,433.88 for the reason of the
lowest responsible bid.
NOW THEREFORE, be it resolved that Blue Earth County does hereby agree to the terms and
conditions of the grant consistent with Minnesota Statutes, section 174.50, and will pay any
additional amount by which the cost exceeds the estimate and will return to the Minnesota State
Transportation Fund any amount appropriated for the project but not required. The proper county
officers are authorized to execute a grant agreement and any amendments thereto with the
Commissioner of Transportation concerning the above-referenced grant.
This Resolution is approved this 12th day of May 2026

Signed:

Attest:

Revised June 2025

Patty O’Connor, Board Chair

Joshua W. Milow, County Administrator

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EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR
LOCAL BRIDGE REPLACEMENT PROGRAM (LBRP) GRANTS
Article I
DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after
each such term (the meanings to be equally applicable to both the singular and plural forms of the terms
defined) unless the context specifically indicates otherwise:
“Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof.
“Agreement” - means the Local Bridge Replacement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
“Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity
acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn.
Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
“Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue
procedures and revenue rulings issued pursuant thereto.
“Commissioner” - means the Commissioner of Minnesota Management & Budget.
“Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of
Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July
30, 2012, as it may be amended or supplemented.
“Completion Date” - means the projected date for completion of the Project as indicated in the
Agreement.
“Construction Contract Documents” - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any
exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively
form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price.
“Construction Items” - means the work to be performed under the Construction Contract Documents.
“Contractor” - means any person engaged to work on or to furnish materials and supplies for the
Construction Items including, if applicable, a general contractor.
“Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested, as referred to in Section 4.02.

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“G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article
XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LBRP Grant, and
any bonds issued to refund or replace such bonds.
“Grant Application” - means the grant application that the Public Entity submitted to MnDOT which
is attached as Exhibit D.
“LBRP Grant” - means a grant from MnDOT to the Public Entity under the LBRP in the amount
specified in the Agreement, as such amount may be modified under the provisions hereof.
“LBRP” - means the Local Bridge Replacement Program pursuant to Minn. Stat. Sec. 174.50 and
rules relating thereto.
“MnDOT” - means the Minnesota Department of Transportation.
“Outstanding Balance of the LBRP Grant” - means the portion of the LBRP Grant that has been
disbursed to the Public Entity minus any amounts returned to the Commissioner.
“Project” - means the Project identified in the Agreement to be totally or partially funded with a
LBRP grant.
“Public Entity” - means the grantee of the LBRP Grant and identified as the Public Entity in the
Agreement.
“Real Property” - means the real property identified in the Agreement on which the Project is located.
Article II
GRANT
Section 2.01 Grant of Monies. MnDOT shall make the LBRP Grant to the Public Entity, and
disburse the proceeds in accordance with the terms and conditions herein.
Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LBRP Grant is
being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by
one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more
of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is
for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter
term as authorized by statute, and which cannot be modified or terminated early without the prior written
consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends
beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LBRP Grant solely to reimburse
itself for expenditures it has already made, or will make, to pay the costs of one or more of the following
activities: (i) constructing or reconstructing a bridge, (ii) abandoning an existing bridge that is deficient and
in need of replacement, but where no replacement will be made, or (iii) constructing a road to facilitate the
abandonment or removal of an existing bridge determined to be deficient. The Public Entity shall not use
the LBRP Grant for any other purpose, including but not limited to, any work to be done on a state trunk
highway or within a trunk highway easement. .
Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity
in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city
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MnDOT Agreement No. 1062917
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street and for other uses customarily associated therewith, such as trails and utility corridors, and for no
other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to
use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually
determine that the Real Property is being used for the purposes specified in this Section and, upon written
request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part
of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow
another entity to use or operate the Real Property without the written consent of both MnDOT and the
Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real
Property, or any lease or contract that would allow another entity to use or operate the Real Property, must
comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order
regarding such sale or lease.
Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and
warrants to MnDOT that:
A.

It has legal authority to execute, deliver and perform the Agreement and all documents referred
to therein, and it has taken all actions necessary to its execution and delivery of such documents.

B.

It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of
the Real Property for such purposes.

C.

The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their
respective terms.

D.

It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order
and the LBRP. It has legal authority to use the G.O. Grant for the purpose or purposes described
in this Agreement.

E.

All of the information it has submitted or will submit to MnDOT or the Commissioner relating
to the LBRP Grant or the disbursement of the LBRP Grant is and will be true and correct.

F.

It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no actions or proceedings pending, or to its knowledge threatened, before any
judicial body or governmental authority against or affecting it relating to the Real Property, or
its ownership interest therein, and it is not in default with respect to any order, writ, injunction,
decree, or demand of any court or any governmental authority which would impair its ability
to enter into the Agreement or any document referred to herein, or to perform any of the acts
required of it in such documents.

G.

Neither the execution and delivery of the Agreement or any document referred to herein nor
compliance with any of the provisions or requirements of any of such documents is prevented
by, is a breach of, or will result in a breach of, any provision of any agreement or document to
which it is now a party or by which it is bound.

H.

The contemplated use of the Real Property will not violate any applicable zoning or use statute,
ordinance, building code, rule or regulation, or any covenant or agreement of record relating
thereto.

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MnDOT Agreement No. 1062917
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I.

The Project will be completed and the Real Property will be operated in full compliance with
all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property.

J.

All applicable licenses, permits and bonds required for the performance and completion of the
Project and for the operation of the Real Property as specified in Section 2.04 have been, or
will be, obtained.

K.

It reasonably expects to possess its ownership interest in the Real Property described in Section
2.02 for at least 37.5 years, and it does not expect to sell such ownership interest.

L.

It does not expect to lease out or enter into any contract that would allow another entity to use
or operate the Real Property.

M.

It will supply whatever funds are needed in addition to the LBRP Grant to complete and fully
pay for the Project.

N.

The Construction Items will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property.

O.

It will require the Contractor or Contractors to comply with all rules, regulations, ordinances,
and laws bearing on its performance under the Construction Contract Documents.

P.

It shall furnish such satisfactory evidence regarding the representations and warranties
described herein as may be required and requested by either MnDOT or the Commissioner.

Q.

It has made no material false statement or misstatement of fact in connection with its receipt of
the G.O. Grant, and all the information it has submitted or will submit to the State Entity or
Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant
is and will be true and correct.

Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT
and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the
Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure
to cure such event during such 30-day time period for those Events of Default that can be cured within 30
days or within whatever time period is needed to cure those Events of Default that cannot be cured within
30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in
curing such Events of Default; however, in no event shall the time period to cure any Event of Default
exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner.
A.

If any representation, covenant, or warranty made by the Public Entity herein or in any other
document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LBRP
Grant, shall prove to have been untrue or incorrect in any material respect or materially
misleading as of the time such representation, covenant, or warranty was made.

B.

If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein.

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MnDOT Agreement No. 1062917
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C.

If the Public Entity fails to fully comply with any provision, covenant or warranty contained
in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all
rules related thereto.

D.

If the Public Entity fails to use the proceeds of the LBRP Grant for the purposes set forth in
Section 2.03, the Grant Application, and in accordance with the LBRP.

E.

If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.

F.

If the Public Entity fails to complete the Project by the Completion Date.

G.

If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner.

H.

If the Public Entity fails to provide any additional funds needed to fully pay for the Project.

I.

If the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04.

Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing
by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon
either MnDOT or the Commissioner giving the Public Entity written notice of such event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until
such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce
any or all of the following remedies.
A.

MnDOT may refrain from disbursing the LBRP Grant; provided, however, MnDOT may make
such disbursements after the occurrence of an Event of Default without waiving its rights and
remedies hereunder.

B.

If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a
third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other Events
of Default, the Commissioner may require that the Outstanding Balance of the LBRP Grant be
returned to it.

C.

Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may
enforce any additional remedies it may have in law or equity.

The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that
MnDOT or the Commissioner would otherwise possess.
If the Public Entity does not repay the amounts required to be paid under this Section or under any other
provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a
court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor
of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against
any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota.

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Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the
Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge
of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain
in full force and effect, even upon full disbursement of the LBRP Grant, and shall only be terminated under
the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LBRP Grant.
A. If the Project is not started within five (5) years after the effective date of the Agreement or the
LBRP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s
obligation to fund the LBRP Grant shall terminate. In such event, (i) if none of the LBRP Grant has been
disbursed by such date, MnDOT shall have no obligation to fund the LBRP Grant and the Agreement will
terminate, and (ii) if some but not all of the LBRP Grant has been disbursed by such date, MnDOT shall
have no further obligation to provide any additional funding for the LBRP Grant and the Agreement shall
remain in force but shall be modified to reflect the amount of the LBRP Grant that was actually disbursed
and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property
and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s
ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to
in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding
Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed.
Article III
COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695
AND THE COMMISSIONER’S ORDER
Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in
the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such
statute and order apply, or will apply, to its interest in the Real Property, even if the LBRP Grant will only
pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the
G.O. Bonds, the Public Entity agrees as follows:
A.

It will not use the Real Property or use or invest the LBRP Grant or any other sums treated as
“bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested
sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be
classified as “arbitrage bonds” under Code Section 148.

B.

It will deposit and hold the LBRP Grant in a segregated non-interest-bearing account until such
funds are used for payments for the Project.

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C.

It will, upon written request, provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code, including Sections 103 and 148, with respect
to the G.O. Bonds.

D.

It will, upon the occurrence of any act or omission by the Public Entity that could cause the
interest on the G.O. Bonds to no longer be tax exempt and upon direction from the
Commissioner, take such actions and furnish such documents as the Commissioner determines
to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal
taxation, which such action may include: (i) compliance with proceedings intended to classify
the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii)
changing the nature of the use of the Real Property so that none of the net proceeds of the G.O.
Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or
for any “private business use” within the meaning of Code Sections 141(b) and 145(a).

E.

It will not otherwise use any of the LBRP Grant or take, permit or cause to be taken, or omit to
take, any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take,
as appropriate, any such action, it shall take all lawful actions necessary to correct such actions
or omissions promptly upon obtaining knowledge thereof.

Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn.
Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement
imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted
from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public
Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt
the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s
Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth
herein, to make Advances of the LBRP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LBRP Grant. If the amount of LBRP Grant that MnDOT
cumulatively disburses hereunder to the Public Entity is less than the amount of the LBRP Grant delineated
in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents
MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LBRP Grant
to the amount actually disbursed. Provided, however, in accordance with the provisions contained in
Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section
2.11 even if the entire LBRP Grant has not been disbursed by such dates.
Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source
and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the
legislation that appropriated the funds that are used to fund the LBRP Grant, or (iii) have otherwise been
consented to, in writing, by the Commissioner.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section
5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time
shall not exceed the portion of the Project that has been completed and the percentage of the matching funds
required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is
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expressed by way of the following two formulas:
Formula #1:
Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under
Section 5.13 that have been disbursed)
Formula #2:
Cumulative Advances < (Program Grant) × (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion
of the LBRP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf
of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be
limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as
approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated
in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to
MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real
Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention
to so store materials prior to their delivery and MnDOT has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public
Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate
all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments
then made with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any
correction of material defects in workmanship or materials (other than the completion of punch list items).
At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such
supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made
out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and
(ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities
having jurisdiction has been duly inspected and approved by such authorities and that all requisite
certificates and other approvals have been issued.
If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount
of the requested Advance to the Public Entity.
Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum
of the undisbursed amount of the LBRP Grant plus the amount of all other funds committed to the Project
is less than the amount required to pay all costs and expenses of any kind which reasonably may be
anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public
Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the
Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply
or have some other entity supply the amount of funds specified in MnDOT's notice.
Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any
Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent:

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A.

MnDOT shall have received a Draw Requisition for such Advance specifying the amount of
funds being requested, which such amount when added to all prior requests for an Advance
shall not exceed the amount of the LBRP Grant set forth in Section 1.01.

B.

No Event of Default under this Agreement or event which would constitute an Event of Default
but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.

C.

No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may
reasonably be anticipated in connection with the Project, or if such a determination has been
made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has
supplied, or has caused some other entity to supply, the necessary funds in accordance with
such section or has provided evidence acceptable to MnDOT that sufficient funds are available.

D.

The State Entity shall have received evidence, in form and substance acceptable to the State
Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith.

E.

The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require

Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and
agrees as follows:
A.

Advances are not made prior to completion of work performed on the Project.

B.

All Advances are processed on a reimbursement basis.

C.

The Public Entity must first document expenditures to obtain an Advance.

D.

Reimbursement requests are made on a partial payment basis or when the Project is completed.

E. All payments are made following the “Delegated Contract Process or State Aid Payment Request”
as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance
with all contracts that the Public Entity has entered into regarding the completion of the Project.
Article V
MISCELLANEOUS
Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability
insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional
named insured therein.
Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth
in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can
no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the
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condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to
continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such
purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion
of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest
in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public
Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such
sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative
sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner’s Order.
If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the
Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements
of this Section.
Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the
written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property
for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real
Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be used
for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the
value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in
or on the Real Property in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may
perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the
Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may
be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be
at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any
expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such
acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT
pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the
date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or
18% per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn.
Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto,
and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or
the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public
Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain
all of such books and records for a period of six years after the date that the Project is fully completed and
placed into operation.
Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real
Property upon reasonable request by MnDOT and without interfering with the normal use of the Real
Property.
Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of
the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the
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provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn.
Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The
Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by
the Public Entity, or subject to any exclusion from coverage in any insurance policy.
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as
establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the
Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project.
No employee of the Public Entity or other person engaging in the performance of the Agreement or the
Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of
Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on
behalf of said employees or other persons out of employment or alleged employment, including claims
under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public
Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT,
the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be
entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner,
or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave,
disability benefits, severance pay and retirement benefits.
Section 5.08 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices required hereunder must be in writing and personally served or sent by prepaid,
registered, or certified mail (return receipt requested), to the address of the party specified below or to such
different address as may in the future be specified by a party by written notice to the others:
To the Public Entity: At the address indicated on the first page of the Agreement.
To MnDOT at:

Minnesota Department of Transportation
Office of State Aid
395 John Ireland Blvd., MS 500
Saint Paul, MN 55155
Attention: Marc Briese, State Aid Programs Engineer

To the Commissioner at:

Minnesota Management & Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner

Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any
of its rights or obligations under the Agreement without the prior written consent of the other party.
Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a
third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance
or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner
to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any
breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by
any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or
further exercise thereof or the exercise of any other right or remedy.
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Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State
of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued
in the State of Minnesota District Court located in St. Paul, Minnesota.
Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be
invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed, and enforced as if the invalid provision did not appear herein.
Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement
that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash
monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including
equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT
whatever documentation MnDOT may request to substantiate the availability and source of any matching
funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The Public
Entity will supply any other information and documentation that MnDOT or the Commissioner may request
to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any
of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of
such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what
is being done to satisfy such conditions.
Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the
Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets
forth the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity
and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB,
is and shall be a third-party beneficiary of this Agreement.
Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity
may be performed by such other entity as the Public Entity may select or designate, provided that the failure
of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity.
Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses
regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in
the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may
subsequently be amended or replaced from time to time.
Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory
employment practices regarding the Project and it shall fully comply with all of the provisions contained in
Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time
to time.

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Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions
relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may
be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner
of MMB all claims it may have for over charges as to goods or services provided with respect to the Project
that arise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in
Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect
to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the
cited provisions apply to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the
entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or
written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of
Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that
such employees are legally entitled to work in the United States, and that it will, if and when applicable,
fully comply with such order.
Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by
signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR
200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend,
renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses “covered
telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a
substantial or essential component of any system or as critical technology as part of any system. Contractor
will include this certification as a flow down clause in any contract related to this agreement.
Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all
applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No.
1050.2A, and in particular Appendices A and E, which can be found at: https://edocspublic.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are
included in Exhibit A, Public Entity will ensure the appendices and solicitation language within the
assurances are inserted into contracts as required. MnDOT may conduct a review of the Public Entity’s
compliance with this provision. The Public Entity must cooperate with MnDOT throughout the review
process by supplying all requested information and documentation to MnDOT, making Public Entity staff
and officials available for meetings as requested, and correcting any areas of non-compliance as determined
by MnDOT.
Section 5.27 Electronic Records and Signatures. The parties agree to contract by electronic
means. This includes using electronic signatures and converting original documents to electronic records.
Section 5.28 Certification. By signing this Agreement, the Grantee certifies that it is not suspended
or debarred from receiving federal or state awards.

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LOCAL ROAD IMPROVEMENT PROGRAM (LRIP)
GRANT AGREEMENT
This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the
Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to
Minn. Laws 2023, Chapter 72- H.F. 669. The provisions in that section and the Exhibits attached
hereto and incorporated by reference constitute this Agreement and the persons signing below
agree to fully comply with all of the requirements of this Agreement. This Agreement will be
effective on the date State obtains all required signatures under Minnesota Statutes §16C.05,
subdivision 2.
1.

Public Entity (Grantee) name, address and contact person:
Blue Earth County Public Works Department
19505 Stoltzman Road, P.O. Box 3083
Mankato, MN 56002-3083
Contact: Ryan Thilges, P.E., County Engineer / Public Works Director

2.

Project(s):
Name of Project &
Project Number
(See Exhibit C for
location)

Amount of
LRIP Funds

Amount of Required
Matching Funds

SAP 007-605-021

$1,500,000.00

$6,357,181.54

Completion Date

December 31, 2030

3.

Total Amount of LRIP Grant for all projects under this Agreement: $1,500,000.00.

4.

The following Exhibits for each project are attached and incorporated by reference as part of
this Agreement:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F

Revised October 2024

Completed Sources and Uses of Funds Schedule
Project Schedule, Workforce Certificate, and Equal Pay Certificate
Bond Financed Property Certification
Grant Application
Grantee Resolution Approving Grant Agreement
General Terms and Conditions

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5.

Additional requirements, if any: None

6.

Any modification of this Agreement must be in writing and signed by both parties.

(The remaining portion of this page was intentionally left blank.)

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DEPARTMENT OF TRANSPORTATION

PUBLIC ENTITY (GRANTEE)

The Grantee certifies that the appropriate person(s)
have executed the grant agreement on behalf of the
Grantee as required by applicable articles, bylaws,
resolutions, or ordinances.

Approval and Certifying Encumbrance as required by
Minnesota Statutes § 16A.15 and 16C.05

By: __________________________________
Title: ________________________________
Date: ________________________________

By: __________________________________
Title: ________________________________
Date: ________________________________

By: __________________________________
State Aid Programs Manager
(with delegated authority)

Date: ________________________________

DEPARTMENT OF TRANSPORTATION
CONTRACT MANAGEMENT

By: __________________________________
Date: ________________________________

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EXHIBIT A
SOURCES AND USES OF FUNDS SCHEDULE

SOURCES OF FUNDS
Entity Supplying Funds
State Funds:
2023 LRIP Funds Grant
SAAS Acct 385
Other:

USES OF FUNDS

Amount

Expenses

$1,500,000.00

Items Paid for with LRIP
Grant Funds:

Amount

Roadway, curb and gutter,
storm sewer

$1,500,000.00

2025 LBRP Funds Grant
(SAAS Acct 434)
Via agreement # 1062917

$144,433.88

Bridge Construction

$144,433.88

Subtotal

$1,644,433.88

Subtotal

$1,644,433.88

Public Entity Funds:
Matching Funds
Local Match

$6,212,747.66

Other:

Items paid for with NonLRIP Grant Funds:
Construction

$6,212,747.66

Subtotal

$6,212,747.66

Subtotal

$6,212,747.66

TOTAL FUNDS

$7,857,181.54 = TOTAL PROJECT
COSTS

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4

$7,857,181.54

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EXHIBIT B
PROJECT SCHEDULE, WORKFORCE CERTIFICATE, AND EQUAL PAY CERTIFICATE

Award Date: May 12, 2026
Construction Start Date: May 26, 2026
Construction Substantial Complete Date: September 1, 2027
Contract Final Completion Date: December 31, 2030

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EXHIBIT C
BOND FINANCED PROPERTY CERTIFICATION
State of Minnesota
General Obligation Bond Financed Property
The undersigned states that it has a fee simple, leasehold and/or easement interest in the real
property located in the County(ies) of Blue Earth , State of Minnesota that is generally described or
illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the “Restricted
Property”) and acknowledges that the Restricted Property is or may become State bond-financed
property. To the extent that the Restricted Property is or becomes State bond-financed property, the
undersigned acknowledges that:
A.

The Restricted Property is State bond-financed property under Minn. Stat. Sec.
16A.695, is subject to the requirements imposed by that statute, and cannot be
sold, mortgaged, encumbered or otherwise disposed of without the approval of the
Commissioner of Minnesota Management and Budget; and

B.

The Restricted Property is subject to the provisions of the Local Road
Improvement Program Grant Agreement between the Minnesota Department of
Transportation and the undersigned dated May 12, 2026; and

C.

The Restricted Property shall continue to be deemed State bond-financed property
for 37.5 years or until the Restricted Property is sold with the written approval of
the Commissioner of Minnesota Management and Budget.

Date: May 12, 2026
_____________________________________
Blue Earth County, a political subdivision
of the State of Minnesota
By: ________________________________
Name: Patty O’Connor
Title: County Board Chairperson
By: ________________________________
Name: Joshua W. Milow
Title: County Administrator

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Attachment 1 to Exhibit C
GENERAL DESCRIPTION OF RESTRICTED PROPERTY

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EXHIBIT D
GRANT APPLICATION
Attach the grant application for the project

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145

Form Name:
Submission Time:
Browser:
IP Address:
Unique ID:
Location:

Local Road Improvement Program: 2025 Solicitation Application
December 12, 2025 1:41 pm
Chrome 143.0.0.0 / Windows
38.140.144.226
1413427546
44.9834, -93.2622

Local Road Improvement Program: 2025 Solicitation Application

A: Applicant Entity Information
Applicant Name

Ryan Thilges

Applicant Job Title / Position

Public Works Director/County Engineer

Applicant Phone

(507) 304-4025

Applicant Email

[email protected]

Applicant Address

35 Map Drive, PO Box 3083
Mankato, MN 56002-3083

Applicant Entity Name

Blue Earth County

Applicant Entity Type

County

As a grant applicant, are you
No, I am not a non-state city or township
representing a non-state aid city
or township? If yes, it is required
to have a county project sponsor.
As a grant applicant, are you
No, LRIP funds requested by this application will fund
serving as the lead entity for a
improvements only within my jurisdiction
LRIP grant application benefitting
multiple jurisdictions (a
co-application)?

B: Project Location
MnDOT District

District 7

County

Blue Earth

City

City of Mankato

Township

N/A

Name/Designation of Road

CSAH 5 - Third Avenue

Type of Road

County State Aid Highway (CSAH)

Functional Classification of Road

Minor Arterial

146

Average Daily Traffic (ADT) Count 6100
or Estimate
Year of ADT Data Collection (If
available)

2018

Road Authority Type (entity who
has primary jurisdictional
ownership of the road)

County

Road Authority Name

Blue Earth County

Project Termini - From

Cleveland Street

Project Termini - To

Riverfront Drive

Beginning Point - Latitude

44.175954

Beginning Point - Longitude

-93.995901

General Environment (the general Urban
environment that represents the
majority of the project)
Will construction of the proposed No, the project will impact only the right-of-way of my jurisdiction
improvements impact or disturb
and/or that of my project sponsor (if applicable)
the right-of-way of a jurisdiction
other than the applicant entity or
project sponsor?

C. LRIP Grant Eligibility Checks
Has the PROJECT received a
legislative appropriation (also
known as an "earmark") or
previous competitive LRIP grant
funds?

No

147

The applicant must have a signed Yes
resolution (not just a letter of
support) from their council or
governing board approving the
project and pledging support to
fund engineering, right-of-way,
inspection, and other non-LRIP
eligible costs, as well as
LRIP-eligible items in excess of
the LRIP grant amount. The
applicant understands this
eligibility requirement and has
executed the signed resolution
for attachment to the application.
Township and Non-State Aid City Not Applicable (application is from a State Aid City or County)
applicants will need a County to
serve as their project sponsor. If
a project sponsor is required, the
applicant must have a signed
resolution (not just a letter of
support) from the sponsoring
entity's board supporting the
project and agreeing to act as the
project sponsor. The applicant
understands this eligibility
requirement and has obtained
this signed resolution for
attachment to the application.
The applicant must have a signed Not Applicable (project neither benefits nor impacts jurisdictions
resolution (not just a letter of
other than the applicant entity and/or project sponsor (if
support) from all entities other
required))
than the applicant entity or
project sponsor whose property
or right-of-way will be impacted
by the proposed project. The
applicant understands this
eligibility requirement and has
obtained, if required, this signed
resolution(s) from all impacted
entities for attachment to the
application.

148

Projects are required to be ready Yes
for construction in 2026, 2027 or
2028. The applicant understands
this eligibility requirement and
will execute a signed MnDOT
grant agreement prior to starting
construction and prior to
December 31, 2028.
Please select the anticipated
construction year

2026

LRIP grant funds cannot be used Not applicable (the proposed project does not have trunk highway
on trunk highway improvements impacts)
or on local improvements that are
located within trunk highway
right-of-way. The applicant
understands this eligibility
requirement.
Only construction costs are grant Yes
eligible for the program.
Development of engineering and
construction plans are not
eligible expenses nor are
right-of-way acquisition costs.
All selected projects must follow
the State Aid process, which
includes identifying applicable
design standards and developing
a construction plan set signed by
a licensed professional engineer.
The applicant must have the
ability to develop this plan set or
the funds to pay a consultant to
develop the proposed project
plan set. Exhibits from
engineering studies do not
qualify as a construction plan set.
The applicant understands this
requirement and has the ability
or funds to develop the plan set.

149

LRIP funds cannot be used to pay Yes
local entity staff time to
construct or install any
improvements. Local entity staff
time is not an eligible cost for the
program. All selected projects
must be advertised for bids and
awarded to a contractor,
consistent with the Uniform
Municipal Contracting Law in
Statute 471.345
(https://www.revisor.mn.gov/stat
utes/cite/471.345). The applicant
understands this program
requirement and plans to bid the
project out to a contractor.

D: Project Description
Type of Project

Reconstruction

150

Provide a description of the
proposed project corridor's
existing transportation
deficiencies, including any
current operational or safety
concerns. Also, include
supporting data (e.g. pavement
condition index (PCI) ratings,
percentages of heavy truck
traffic, etc.). Attaching pictures
(via Section I. Attachments) can
be helpful supplements yet, are
not required.

CSAH 5 (Third Ave) in Mankato from North Riverfront Drive to
Cleveland Street serves as a critical link for local commuters,
regional freight, and multimodal users. Despite its importance,
the corridor faces significant pavement, operational, safety,
access spacing, and multimodal network challenges.
The pavement on CSAH 5 is deteriorating and in immediate need
of repair. The pavement rating throughout the corridor ranges
from 1.6-1.9 which signifies the roadway is in very poor condition.
The pavement along CSAH 5 shows signs of significant cracking,
including alligator, longitudinal, and transverse cracking. The
roadway is also showing signs of rutting and requires regular
patching due to pavement failure. This disrupts freight mobility on
a regular basis and places strain on the Blue Earth County Public
Works Department.
At the time of the 2023 CSAH 5 (Third Ave) Corridor Study, the
project area was the site of 28 crashes over the most recent
five-year span, of which eight included injuries and one included a
pedestrian. The corridor has a crash rate higher than the
statewide average for similar intersections, and a crash index
above the critical threshold (1.98). Safety Concerns along the
corridor include a noncompliant number of uncontrolled access
points, high vehicle speeds, and poor sightlines at the southern
end. The corridor has over twice the amount of access points than
the Mankato Area Planning Organization (MAPO) recommended
guidelines.
Additionally, the absence of pedestrian infrastructure on the west
side limits connectivity. Existing conditions include several gaps in
the sidewalk network along the roadway and no crossing facilities
north of the intersection with Riverfront Drive. This is
unacceptable due to CSAH 5's connection to the Minnesota River
Trail. Where pedestrian facilities do exist, they are out of
compliance with ADA standards, forcing residents into the vehicle
lane to access nearby commercial and residential destinations.

151

The proposed project will reconstruct a 0.95-mile segment of
Provide a robust and specific
CSAH 5 (Third Ave) in Mankato from Riverfront Drive to Cleveland
description of the proposed
Street. The roadway serves industrial facilities, including ADM's
project, including roadway
processing plant generating up to 400 trucks daily, as well as
dimensions, lane configurations
residential areas in the southern segment. The project will
and all other associated
maintain the existing four-lane configuration to accommodate
improvements. Attaching a
heavy truck volumes and expected future growth in the area. The
proposed typical section to the
project will also preserve turn lanes and consolidate access points
application can be helpful as a
to improve safety and reduce conflict points. At the intersection
supplement to conveying the
with Cleveland Street, the layout includes a center median and
intent of the proposed project
left turn lane to accommodate the high number of turning
(yet a typical section is not an
vehicles. These proposed improvements will address deteriorating
LRIP application submittal
requirement). Address how the pavement conditions, replace aging utilities, and reconstruct a
culvert bridge causing sinkhole issues.
proposed project will eliminate
Additional improvements will include a new sidewalk on the west
transportation deficiencies and
side, creating a vital pedestrian link between neighborhoods and
improve operations and safety
the Minnesota River Trail. At the railroad crossing, design
along the corridor. Note, that
projects seeking funding from the changes, including added sidewalk, will support future
whistle-free zone initiatives, reducing noise impacts and
Rural Road Safety Account will
improving pedestrian safety. These upgrades, combined with
need to provide a more detailed
access management and structural improvements, will eliminate
description of safety issues and
deficiencies and enhance operations along this regional route.
benefits under the Section E3.
The project reflects recommendations from the 2023 CSAH 5
Rural Road Safety Account
(Third Avenue) Corridor Study, which confirmed the need for a
Considerations and Eligibility
four-lane roadway to support truck traffic and regional mobility.
page of the application.
The project also reflects the needs and concerns of the
community. All major issues identified during engagement,
including high crash rates, congestion, frequent access points,
freight mobility, and bicycle/pedestrian access, will be addressed
with the proposed reconstruction. Strong support from the City of
Mankato, MAPO, and local businesses underscores the project's
importance for economic vitality, safety, and connectivity.

E: LRIP Account Considerations and Eligibility
Select the LRIP Account
requested for funding

Routes of Regional Significance

E2: Routes of Regional Significance Account Considerations and Eligibility

152

For Routes of Regional
Significance projects, which of
the following criteria does your
project meet (select all that
apply)?

Farm to Market route
Part of an economic development plan
Part of a 10-ton route network
Project limits provide a direct connection to the regional system,
trunk highway, or a county road

Describe the potential number of
persons and multiple local
entities who will be positively
impacted and how they will
benefit by the proposed project.

CSAH 5 (Third Ave) is an important freight corridor that serves the
region and connects to US 14, a critical freight corridor on the
National Truck Network. Land uses adjacent to the corridor
include a mix of residential, commercial, and freight-dependent
industrial businesses including Vetter Stone, ADM, AMCOR,
Central Farm Service, and Hubbard Feeds. In the northern section
of the corridor, heavy commercial traffic accounts for 20% of
AADT.
The poor pavement conditions on the roadway slow down traffic,
require regular maintenance, and cannot support the high
number of heavy vehicles traveling along the corridor daily. The
unsafe number of access points increases the risk of crashes by
encouraging unsafe turning movements and creating difficulties
for pedestrians and bicyclists. The proposed project will address
these concerns while maintaining the existing roadway capacity
and improving safety for all users.
Additionally, pedestrian and bicycle infrastructure will be added
along the east and west sides of CSAH 5 to accommodate a
growing number of non-motorized users, improve safety for those
walking and biking, and align with the City of Mankato's Complete
Streets Plan. The 2023 CSAH 5 (Third Ave) Corridor Study found
that pedestrian crossing demand is highest at Maxfield, Spruce,
and Chestnut Streets. Residents will benefit from enhanced safety
and accessibility through ADA-compliant crossings and improved
pedestrian connectivity to the Minnesota River Trail.

153

Describe the project's
contribution to the local, regional
or state economy, including
economic development or
redevelopment efforts.
Specifically reference plans and
letters of support addressing
anticipated business and
community impacts.

The proposed project will deliver significant economic benefits at
the local, regional, and state levels. As a designated freight route
connecting industrial hubs to US 14 and regional markets, the
corridor supports major employers such as ADM, which generates
up to 400 truck trips daily, and numerous other manufacturing
and distribution businesses. Improved pavement conditions and
consolidated access points will reduce delays, enhance freight
reliability, and lower transportation costs, which are the critical
factors for agricultural and industrial operations that depend on
timely deliveries.
The project will deliver safety and access benefits to heavy
vehicles while maintaining existing roadway capacity to be able to
adequately accommodate growing traffic volumes in the future.
CSAH 5 serves as one of the largest industrial areas in the City of
Mankato, is part of the 10-ton route network, serves as a
farm-to-market route, and connects directly to US 14. The
functionality of CSAH 5 is essential to the economic development
of Mankato, Blue Earth County, and the entire Southwest
Minnesota region. The proposed project is supported by many
planning efforts including the MAPO 2045 Long Range
Transportation Plan, the Mankato Complete Streets Plan, the
Jefferson Quarry Redevelopment Study, the Blue Earth County
Transportation Improvement Plan, and the Blue Earth County
2026-2030 Transportation Improvement Plan.
The project also aligns with city economic development plans by
supporting redevelopment opportunities near Jefferson Quarry
and improving multimodal connectivity to the Minnesota River
Trail. The proposed enhancements will make adjacent areas more
attractive for future housing, retail, and recreational investments,
encouraging long-term growth. By addressing infrastructure
deficiencies and improving multimodal access, the project
strengthens the economic resilience of southern Minnesota and
supports statewide goals for freight mobility and community
connectivity.

F: Project Readiness and Ability to Maintain
Estimated Construction Year

2026

Are there railroad impacts (RR
crossing or RR tracks within 600’
of the project)?

Yes, will obtain RR permits/agreements as needed

154

RR impacts

Yes, the proposed project will cross an active Union Pacific rail
corridor between Pine Street and Brooks Street in Mankato. The
project team has coordinated with Union Pacific on the proposed
project. We have completed both on-site and off-site diagnostic
coordination with both railroad real-estate and engineering
departments. Our geometric and pedestrian alterations have
been accepted by Union Pacific. Union Pacific is currently drafting
the construction and maintenance agreement between the
railroad and county. We expect to see this formally executed
permit by January 31st, 2026.

What is the status of the
engineering and design work on
the project?

Design in progress

Engineering Design

Preliminary engineering for the proposed project is complete. The
design is based on findings from the 2023 CSAH 5 (Third Ave)
Corridor Study, addressing the existing corridor conditions and
issues including transportation network, roadway operations, and
safety considerations. Community engagement has already taken
place. Final design is in progress, with signed plans submitted to
State Aid on December 11, 2025. Final plan approval is
anticipated on or before January 30, 2026.

Is Right-of-Way (ROW) acquisition ROW acquisition underway
required?
RR impacts - Copy - Copy

The county right-of-way team is in the process of coordinating
with landowners to obtain both temporary and permanent
easement needs for the proposed improvements. Plan elements
like inplace infrastructure (fences, landscaping, etc.) have already
been coordinated with landowners and incorporated into the final
plans. The county expects acquisition of all needed temporary
and permanent easements by February 28, 2026.

155

Describe the local entity’s ability
to adequately provide for the
safe operation and maintenance
of the facility upon completion.

Blue Earth County is prepared to reconstruct CSAH 5 (Third Ave)
in 2026, following an award from LRIP. Project partners began
studying the CSAH 5 corridor in 2023 with a corridor study and
preliminary engineering report. This corridor study included two
open houses and thoughtfully incorporated the public feedback
gathered at those events to ensure a construction project that is
supported and desired by the community. Since then, the project
team has furthered the design process and has completed 90%
designs at the time of this application. Final design is expected to
be completed this winter, along with the required permitting, to
allow for bidding and construction in Spring and Summer 2026.
Following construction, the Public Works Department, which
oversees the development of the County's transportation network
and the upkeep of County highways, State aid highways, bridges,
and parks, will be responsible for maintenance of the roadway.
The roadway and adjacent sidewalks will be added to the County's
maintenance schedule and benefit from regular street cleaning
and snow clearing. The County has the Public Works staff and
experience necessary to maintain CSAH 5 for the duration of its
useful life. It is also responsible for acquiring the necessary
right-of-way for these projects, managing contracts, and
employing inspectors to ensure all work meets established
specifications and standards.

G: Multimodal/Complete Streets

156

Identify infrastructure
improvements for non-motorized,
multi-modal, and/or transit users
on this project and how they
align with elements of Complete
Streets. (Adoption of a Complete
Streets policy is not required for
grant eligibility).

The CSAH 5 (Third Avenue) project delivers key improvements for
non-motorized and multimodal users, fully aligned with Complete
Streets principles. Currently, the corridor lacks continuous
pedestrian infrastructure, especially on the west side, forcing
residents to walk in traffic lanes. The project will add an
ADA-compliant sidewalk along the west side, creating a safe,
direct connection from neighborhoods to the Minnesota River Trail
and regional recreation areas promoting walkability and healthier
lifestyles.
Key elements include filling sidewalk gaps, upgrading existing
sidewalks to ADA standards, adding high-visibility crosswalks at
major intersections, and adding boulevards where feasible to
improve comfort and safety. A shared-use path north of CSAH 26
will connect residential areas and future redevelopment sites to
regional trails, while expanded shoulders in rural segments will
better accommodate bicyclists. Enhanced crossings, including
potential RRFBs, will improve safety for pedestrians and bicyclists
at key locations.
By prioritizing accessibility and connectivity for all users drivers,
pedestrians, cyclists, and freight-the project transforms a
freight-heavy corridor into a balanced, inclusive transportation
network. These improvements reflect community feedback
received during both rounds of public engagement and align with
the City of Mankato's Complete Streets Plan and Policy (2015).

H: Estimated Project Construction Cost (only include construction costs)
Has this project been selected for No
federal funding?
LRIP Request

1500000

Local City Funds

2259000

Local County Funds

4638544

Total Project Cost

8397544

Are funds from all sources
committed?

Yes

Is this project concurrently
applying for competitive funding
from any other sources in
addition to this program?

No

157

I. Attachments
Approved applicant entity
resolution of support (PDF)

https://www.formstack.com/admin/download/file/18894695674

Engineering or planning-based
cost estimate (Excel preferred
but not required)

https://www.formstack.com/admin/download/file/18894695675

Timeline indicating major
milestones and their anticipated
completion date (PDF)

https://www.formstack.com/admin/download/file/18894695676

At least one location map with
project routes or improvements
identified. If you choose to
include project photos, please
make sure the project location
map is the first page in this
attachment. (PDF)

https://www.formstack.com/admin/download/file/18894695681

Letters of concurrence or
support. Please merge multiple
letters into a single file.

https://www.formstack.com/admin/download/file/18894695683

Upload additional supporting
documents here. Please merge
multiple similar documents
together or if additional upload
slots are required.

https://www.formstack.com/admin/download/file/18894695684

Upload additional supporting
documents here. Please merge
multiple similar documents
together or if additional upload
slots are required.

https://www.formstack.com/admin/download/file/18894695695

J. Conflict of Interest Disclosure
Determined that no potential organization conflict of interest
Having had the opportunity to
review the Organizational
exists
Conflict of Interest Checklist, the
applicant hereby indicates that it
has, to the best of its knowledge
and belief:

K. Affirmation of Non-Collusion

158

The Applicant affirms that this
solicitation response has been
submitted without collusion.

Yes

L. 2025 LRIP Application Submittal
The applicant affirms to the best
of their current knowledge and
belief that this grant application
submittal is accurate and
complete.

Yes

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EXHIBIT E
GRANTEE RESOLUTION APPROVING GRANT AGREEMENT

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RESOLUTION
Local Road Improvement Program Grant Agreement
Grant Terms and Conditions
SAP 007-605-021
May 12, 2026
WHEREAS, Blue Earth County has applied to the Commissioner of Transportation for a grant
from the Local Road Improvement Fund; and
WHEREAS, the Commissioner of Transportation has given notice that funding for this project is
available; and
WHEREAS, the amount of the grant has been determined to be $1,500,000.00 by reason of the
lowest responsible bid;
NOW THEREFORE, be it resolved that Blue Earth County does hereby agree to the terms and
conditions of the grant consistent with Minnesota Statutes, section 174.52, and will pay any
additional amount by which the cost exceeds the estimate, and will return to the Local Road
Improvement Fund any amount appropriated for the project but not required. The proper county
officers are authorized to execute a grant agreement and any amendments thereto with the
Commissioner of Transportation concerning the above-referenced grant.
This Resolution is approved this 12th day of May 2026

Signed:

Attest:

Patty O’Connor, Board Chair

Joshua W. Milow, County Administrator

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EXHIBIT F
GENERAL TERMS AND CONDITIONS FOR
LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS
Article I
DEFINITIONS
Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after
each such term (the meanings to be equally applicable to both the singular and plural forms of the terms
defined) unless the context specifically indicates otherwise:
“Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed
in accordance with the provisions contained in Article VI hereof.
“Agreement” - means the Local Road Improvement Program Grant Agreement between the Public
Entity and the Minnesota Department of Transportation to which this Exhibit is attached.
“Certification” - means the certification, in the form attached as Exhibit C, in which the Public Entity
acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn.
Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby.
“Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue
procedures and revenue rulings issued pursuant thereto.
“Commissioner” - means the Commissioner of Minnesota Management & Budget.
“Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of
Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July
30, 2012, as it may be amended or supplemented.
“Completion Date” - means the projected date for completion of the Project as indicated in the
Agreement.
“Construction Contract Documents” - means the document or documents, in form and substance
acceptable to MnDOT, including but not limited to any construction plans and specifications and any
exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively
form the contract between the Public Entity and the Contractor(s) for the completion of the Construction
Items on or before the Completion Date for either a fixed price or a guaranteed maximum price.
“Construction Items” - means the work to be performed under the Construction Contract Documents.
“Contractor” - means any person engaged to work on or to furnish materials and supplies for the
Construction Items including, if applicable, a general contractor.
“Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to
MnDOT when an Advance is requested, as referred to in Section 4.02.

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“G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article
XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and
any bonds issued to refund or replace such bonds.
“Grant Application” - means the grant application that the Public Entity submitted to MnDOT which
is attached as Exhibit D.
“LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount
specified in the Agreement, as such amount may be modified under the provisions hereof.
“LRIP” - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules
relating thereto.
“MnDOT” - means the Minnesota Department of Transportation.
“Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been
disbursed to the Public Entity minus any amounts returned to the Commissioner.
grant.

“Project” - means the Project identified in the Agreement to be totally or partially funded with a LRIP

“Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the
Agreement.
“Real Property” - means the real property identified in the Agreement on which the Project is located.
Article II
GRANT
Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse
the proceeds in accordance with the terms and conditions herein.
Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is
being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by
one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more
of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is
for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter
term as authorized by statute, and which cannot be modified or terminated early without the prior written
consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends
beyond the date that is 37.5 years from the Agreement effective date.
Section 2.03 Use of Grant Proceeds. The Public Entity shall use the LRIP Grant solely to reimburse
itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable
activities: (i) preliminary, final construction and engineering and administration (ii) constructing or
reconstructing city streets, county highways, or town roads with statewide or regional significance that
have not been fully funded through other state, federal, or local funding sources; or (iii) capital
improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes,
deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for any other purpose,
including but not limited to, any work to be done on a state trunk highway or within a trunk highway
easement.

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Section 2.04 Operation of the Real Property. The Real Property must be used by the Public Entity
in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city
street and for other uses customarily associated therewith, such as trails and utility corridors, and for no
other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to
use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually
determine that the Real Property is being used for the purposes specified in this Section and, upon written
request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect.
Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part
of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow
another entity to use or operate the Real Property without the written consent of both MnDOT and the
Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real
Property, or any lease or contract that would allow another entity to use or operate the Real Property, must
comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order
regarding such sale or lease.
Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and
warrants to MnDOT that:
A.

It has legal authority to execute, deliver and perform the Agreement and all documents referred
to therein, and it has taken all actions necessary to its execution and delivery of such documents.

B.

It has the ability and a plan to fund the operation of the Real Property for the purposes specified
in Section 2.04, and will include in its annual budget all funds necessary for the operation of
the Real Property for such purposes.

C.

The Agreement and all other documents referred to therein are the legal, valid and binding
obligations of the Public Entity enforceable against the Public Entity in accordance with their
respective terms.

D.

It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order
and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described
in this Agreement.

E.

All of the information it has submitted or will submit to MnDOT or the Commissioner relating
to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct.

F.

It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no actions or proceedings pending, or to its knowledge threatened, before any
judicial body or governmental authority against or affecting it relating to the Real Property, or
its ownership interest therein, and it is not in default with respect to any order, writ, injunction,
decree, or demand of any court or any governmental authority which would impair its ability
to enter into the Agreement or any document referred to herein, or to perform any of the acts
required of it in such documents.

G.

Neither the execution and delivery of the Agreement or any document referred to herein nor
compliance with any of the provisions or requirements of any of such documents is prevented
by, is a breach of, or will result in a breach of, any provision of any agreement or document to
which it is now a party or by which it is bound.

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H.

The contemplated use of the Real Property will not violate any applicable zoning or use statute,
ordinance, building code, rule or regulation, or any covenant or agreement of record relating
thereto.

I.

The Project will be completed and the Real Property will be operated in full compliance with
all applicable laws, rules, ordinances, and regulations of any federal, state, or local political
subdivision having jurisdiction over the Project and the Real Property.

J.

All applicable licenses, permits and bonds required for the performance and completion of the
Project and for the operation of the Real Property as specified in Section 2.04 have been, or
will be, obtained.

K.

It reasonably expects to possess its ownership interest in the Real Property described in Section
2.02 for at least 37.5 years, and it does not expect to sell such ownership interest.

L.

It does not expect to lease out or enter into any contract that would allow another entity to use
or operate the Real Property.

M.

It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully
pay for the Project.

N.

The Construction Items will be completed substantially in accordance with the Construction
Contract Documents by the Completion Date and all such items will be situated entirely on the
Real Property.

O.

It will require the Contractor or Contractors to comply with all rules, regulations, ordinances,
and laws bearing on its performance under the Construction Contract Documents.

P.

It shall furnish such satisfactory evidence regarding the representations and warranties
described herein as may be required and requested by either MnDOT or the Commissioner.

Q.

It has made no material false statement or misstatement of fact in connection with its receipt of
the G.O. Grant, and all the information it has submitted or will submit to the State Entity or
Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant
is and will be true and correct.

Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT
and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the
Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure
to cure such event during such 30-day time period for those Events of Default that can be cured within 30
days or within whatever time period is needed to cure those Events of Default that cannot be cured within
30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in
curing such Events of Default; however, in no event shall the time period to cure any Event of Default
exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner.
A.

If any representation, covenant, or warranty made by the Public Entity herein or in any other
document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP
Grant, shall prove to have been untrue or incorrect in any material respect or materially
misleading as of the time such representation, covenant, or warranty was made.

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B.

If the Public Entity fails to fully comply with any provision, covenant, or warranty contained
herein.

C.

If the Public Entity fails to fully comply with any provision, covenant or warranty contained
in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all
rules related thereto.

D.

If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in
Section 2.03, the Grant Application, and in accordance with the LRIP.

E.

If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04.

F.

If the Public Entity fails to complete the Project by the Completion Date.

G.

If the Public Entity sells or transfers any portion of its ownership interest in the Real Property
without first obtaining the written consent of both MnDOT and the Commissioner.

H.

If the Public Entity fails to provide any additional funds needed to fully pay for the Project.

I.

If the Public Entity fails to supply the funds needed to operate the Real Property in the manner
specified in Section 2.04.

Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing
by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon
either MnDOT or the Commissioner giving the Public Entity written notice of such event.
Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until
such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce
any or all of the following remedies.
A.

MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make
such disbursements after the occurrence of an Event of Default without waiving its rights and
remedies hereunder.

B.

If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in
violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a
third party beneficiary of the Agreement, may require that the Public Entity pay the amounts
that would have been paid if there had been compliance with such provisions. For other Events
of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be
returned to it.

C.

Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may
enforce any additional remedies it may have in law or equity.

The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that
MnDOT or the Commissioner would otherwise possess.
If the Public Entity does not repay the amounts required to be paid under this Section or under any other
provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a
court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor

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of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against
any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota.
Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the
Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge
of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and
the action which the Public Entity proposes to take with respect thereto.
Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain
in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under
the circumstances set forth in Section 2.11.
Section 2.11 Termination of Agreement and Modification of LRIP Grant.
A. If the Project is not started within five (5) years after the effective date of the Agreement or the
LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s
obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been
disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will
terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall
have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall
remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed
and the Public Entity is still obligated to complete the Project by the Completion Date.
B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property
and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s
ownership interest in the Real Property if such ownership interest is an easement.
Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to
in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding
Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed.
Article III
COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695
AND THE COMMISSIONER’S ORDER
Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in
the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in
Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such
statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only
pay for a portion of the Project.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the
G.O. Bonds, the Public Entity agrees as follows:
A.

It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as
“bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested
sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be
classified as “arbitrage bonds” under Code Section 148.

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B.

It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such
funds are used for payments for the Project.

C.

It will, upon written request, provide the Commissioner all information required to satisfy the
informational requirements set forth in the Code, including Sections 103 and 148, with respect
to the G.O. Bonds.

D.

It will, upon the occurrence of any act or omission by the Public Entity that could cause the
interest on the G.O. Bonds to no longer be tax exempt and upon direction from the
Commissioner, take such actions and furnish such documents as the Commissioner determines
to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal
taxation, which such action may include: (i) compliance with proceedings intended to classify
the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii)
changing the nature of the use of the Real Property so that none of the net proceeds of the G.O.
Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or
for any “private business use” within the meaning of Code Sections 141(b) and 145(a).

E.

It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to
take, any action that would adversely affect the exemption from federal income taxation of the
interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take,
as appropriate, any such action, it shall take all lawful actions necessary to correct such actions
or omissions promptly upon obtaining knowledge thereof.

Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn.
Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement
imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted
from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public
Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt
the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s
Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth
herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total
amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT
cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated
in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents
MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant
to the amount actually disbursed. Provided, however, in accordance with the provisions contained in
Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section
2.11 even if the entire LRIP Grant has not been disbursed by such dates.
Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source
and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the
legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been
consented to, in writing, by the Commissioner.
It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate
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of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section
5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time
shall not exceed the portion of the Project that has been completed and the percentage of the matching funds
required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is
expressed by way of the following two formulas:
Formula #1:
Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under
Section 5.13 that have been disbursed)
Formula #2:
Cumulative Advances < (Program Grant) × (percentage of Project completed)
Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion
of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf
of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be
limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as
approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated
in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to
MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances.
Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real
Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention
to so store materials prior to their delivery and MnDOT has not objected thereto.
At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public
Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate
all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments
then made with respect to the Project.
The final Draw Requisition shall not be submitted before completion of the Project, including any
correction of material defects in workmanship or materials (other than the completion of punch list items).
At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such
supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made
out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and
(ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities
having jurisdiction has been duly inspected and approved by such authorities and that all requisite
certificates and other approvals have been issued.
If on the date an Advance is desired the Public Entity has complied with all requirements of this
Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount
of the requested Advance to the Public Entity.
Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum
of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project
is less than the amount required to pay all costs and expenses of any kind which reasonably may be
anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public
Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the
Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply
or have some other entity supply the amount of funds specified in MnDOT's notice.

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Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any
Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent:
A.

MnDOT shall have received a Draw Requisition for such Advance specifying the amount of
funds being requested, which such amount when added to all prior requests for an Advance
shall not exceed the amount of the LRIP Grant set forth in Section 1.01.

B.

No Event of Default under this Agreement or event which would constitute an Event of Default
but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.

C.

No determination shall have been made by MnDOT that the amount of funds committed to the
Project is less than the amount required to pay all costs and expenses of any kind that may
reasonably be anticipated in connection with the Project, or if such a determination has been
made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has
supplied, or has caused some other entity to supply, the necessary funds in accordance with
such section or has provided evidence acceptable to MnDOT that sufficient funds are available.

D.

The State Entity shall have received evidence, in form and substance acceptable to the State
Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project
and all other expenses that may occur in conjunction therewith.

E.

The Public Entity has supplied to the State Entity all other items that the State Entity may
reasonably require

Section 4.05 Processing and Disbursement of Advances. The Public Entity acknowledges and
agrees as follows:
A.

Advances are not made prior to completion of work performed on the Project.

B.

All Advances are processed on a reimbursement basis.

C.

The Public Entity must first document expenditures to obtain an Advance.

D.

Reimbursement requests are made on a partial payment basis or when the Project is completed.

E. All payments are made following the “Delegated Contract Process or State Aid Payment Request”
as requested and approved by the appropriate district state aid engineer.
Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own
inspections and observations regarding the completion of the Project, and shall determine to its own
satisfaction that all work done or materials supplied have been properly done or supplied in accordance
with all contracts that the Public Entity has entered into regarding the completion of the Project.
Article V
MISCELLANEOUS
Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability
insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional
named insured therein.
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Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth
in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can
no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the
condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to
continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such
purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion
of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest
in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public
Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such
sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative
sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the
Commissioner’s Order.
If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the
Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements
of this Section.
Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the
written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property
for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real
Property except such alterations as may be required by laws, ordinances or regulations, or such other
alterations as may improve the Real Property by increasing its value or which improve its ability to be used
for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the
value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in
or on the Real Property in violation of any law, ordinance or regulation.
If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may
perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the
Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may
be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be
at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any
expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such
acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT
pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the
date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or
18% per year based upon a 365-day year.
Section 5.04 Recordkeeping and Reporting. The Public Entity shall maintain books and records
pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn.
Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto,
and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or
the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public
Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain
all of such books and records for a period of six years after the date that the Project is fully completed and
placed into operation.
Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real
Property upon reasonable request by MnDOT and without interfering with the normal use of the Real
Property.
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Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own
acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of
the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the
provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn.
Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The
Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by
the Public Entity, or subject to any exclusion from coverage in any insurance policy.
Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as
establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the
Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of
MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project.
No employee of the Public Entity or other person engaging in the performance of the Agreement or the
Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of
Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on
behalf of said employees or other persons out of employment or alleged employment, including claims
under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public
Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT,
the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be
entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner,
or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave,
disability benefits, severance pay and retirement benefits.
Section 5.08 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices required hereunder must be in writing and personally served or sent by prepaid,
registered, or certified mail (return receipt requested), to the address of the party specified below or to such
different address as may in the future be specified by a party by written notice to the others:
To the Public Entity: At the address indicated on the first page of the Agreement.
To MnDOT at:

Minnesota Department of Transportation
Office of State Aid
395 John Ireland Blvd., MS 500
Saint Paul, MN 55155
Attention: Marc Briese, State Aid Programs Engineer

To the Commissioner at:

Minnesota Management & Budget
400 Centennial Office Bldg.
658 Cedar St.
St. Paul, MN 55155
Attention: Commissioner

Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any
of its rights or obligations under the Agreement without the prior written consent of the other party.
Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a
third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance
or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner
to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any
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breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by
any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or
further exercise thereof or the exercise of any other right or remedy.
Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation,
performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State
of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued
in the State of Minnesota District Court located in St. Paul, Minnesota.
Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be
invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted,
performed, and enforced as if the invalid provision did not appear herein.
Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement
that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash
monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including
equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT
whatever documentation MnDOT may request to substantiate the availability and source of any matching
funds.
Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the
Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the
total cost of the Project and all of the funds that are available for the completion of the Project. The Public
Entity will supply any other information and documentation that MnDOT or the Commissioner may request
to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any
of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of
such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what
is being done to satisfy such conditions.
Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the
Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets
forth the projected schedule for the completion of the Project.
Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of
Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity
and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB,
is and shall be a third-party beneficiary of this Agreement.
Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity
may be performed by such other entity as the Public Entity may select or designate, provided that the failure
of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity.
Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses
regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in
the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may
subsequently be amended or replaced from time to time.
Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory
employment practices regarding the Project and it shall fully comply with all of the provisions contained in

Revised October 2024

24

173

MnDOT Agreement No. 1062965
SAP No. 007-605-021
Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time
to time.
Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions
relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may
be amended or replaced from time to time with respect to the Project.
Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner
of MMB all claims it may have for over charges as to goods or services provided with respect to the Project
that arise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable
provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in
Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect
to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the
cited provisions apply to the Project.
Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the
entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or
written, between the Public Entity and MnDOT on the subject matter hereof.
Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of
Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that
such employees are legally entitled to work in the United States, and that it will, if and when applicable,
fully comply with such order.
Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by
signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR
200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend,
renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses “covered
telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a
substantial or essential component of any system or as critical technology as part of any system. Contractor
will include this certification as a flow down clause in any contract related to this agreement.
Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all
applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No.
1050.2A, and in particular Appendices A and E, which can be found at: https://edocspublic.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are
included in Exhibit A, Public Entity will ensure the appendices and solicitation language within the
assurances are inserted into contracts as required. MnDOT may conduct a review of the Public Entity’s
compliance with this provision. The Public Entity must cooperate with MnDOT throughout the review
process by supplying all requested information and documentation to MnDOT, making Public Entity staff
and officials available for meetings as requested, and correcting any areas of non-compliance as determined
by MnDOT.
Section 5.27 Electronic Records and Signatures. The parties agree to contract by electronic
means. This includes using electronic signatures and converting original documents to electronic records.
Section 5.28 Certification. By signing this Agreement, the Grantee certifies that it is not suspended
or debarred from receiving federal or state awards.
Revised October 2024

25

174

BLUE EARTH COUNTY

Page 1 of 6

35 Map Drive
Mankato, MN 56001
Contract Number:
Pa� Re � uest Number:

252139
6

Proiect Descri ption
CR 139 Brid e Old Br. #90571 over Perch Creek

Proiect Number
007-598-037
Contractor:

Contract Amount
Original Contract
Contract Changes
Revised Contract

$625,822.92
$8,000.00
$633,822.92

Work Certified To Date
Base Bid Items
Contract Changes
Material On Hand
Total

$617,993.20
$3,360.00
$0.00
$621,353.20

Work Certified
This Reauest
$1,000.00

Vendor Number:
Up To Date:

M & K Bridge Construction Inc
300 US Hwy 14 E
Walnut Grove, MN 56180

Work Certified To
Date
$621,353.20

Less Amount
Retained
$0.00
Percent: Retained: 0%

00963
04/29/2026

Funds Encumbered
Original
Additional
Total

Less Previous
Pavments
$614,149.67

$625,822.92
N/A
$625,822.92

Total Amount
Amount Paid This
Reauest
Paid To Date
$621,353.20
$7,203.53
Percent Complete: 98.03%

This is to certify that the items of work shown in this certificate of Pay Estimate have been actually furnished for the work comprising the
above-mentioned projects in accordance with the plans and specifications heretofore approved.
Approved By

����

nstruction Inc

County/City/Project Engineer

Date

Date

175

Page 3 of 6

BLUE EARTH COUNTY
P.O. Box 3083
19505 Stoltzman Road
Mankato, MN 56002-3083
Contract No. 252139
Final Pay Request No. 6

Blue Earth County
Certificate of Final Acceptance
Contract Number:
Contractor:
Date Certified:
Payment Number:

252139
M & K Bridge Construction Inc.
04/29/2026
6

Whereas; Contract No. 252139 has in all things been completed, and the County Board being fully advised in the
premises, now then be it resolved; that we do hereby accept said completed project for and in behalf of the Blue Earth
County and authorize final payment as specified herein. Final Payment Amount = $7,203.53

Blue Earth County
State of Minnesota
I, Josh Milow, County Administrator within and for said county do hereby certify that the foregoing resolution is a true
and correct copy of the resolution on file in my office.
Dated _______
At Historic Courthouse,
Signed By ___________________________________
County Administrator
(SEAL)

176

MEMOR ANDUM

TO:

BLUE EARTH COUNTY BOARD OF COMMISSIONERS

FROM:

RYAN THILGES, P.E., COUNTY ENGINEER / PUBLIC WORKS DIRECTOR

SUBJECT:

RAPIDAN DAM & CSAH 9 BRIDGE UPDATE

DATE:

MAY 6, 2026

CC:

JOSH MILOW, COUNTY ADMINISTRATOR

This memorandum serves as a summary update of recent activity associated with the Rapidan Dam and
CSAH 9 bridge replacement. The following activities were performed since April 1, 2026, update
provided to the County Board:
CSAH 9 Bridge update
1) On April 2, 2026, we met with MnDOT and FHWA:
a) We discussed the need for a time extension due to the anticipated timeframe for
MnDOT approvals process.
b) We discussed bridge scope, design resilience elements, and updated cost estimate
resulting in a need for additional federal and state funding.
c) FHWA indicated that the time extension request and additional funding would be
approved at the regional level.
2) On April 7, 2026, we met with TKDA and received project design and permitting updates.
3) On April 20,2026, we submitted a draft time extension request letter and cost justification
memorandum to MnDOT for review and/or submittal to FHWA.
4) On April 22, 2026, we met with TKDA to discuss bridge replacement project special
provisions, contract time and supporting plan submittal documents.
5) On April 23, 2026, MnDOT approved the Project Memorandum.
6) On April 24, 2026, TKDA submitted the 100% plans and supporting documents to us.
7) On May 1, 2026, MnDOT submitted our final authorization extension request (to September
1, 2026) and cost justification memorandum to FHWA for their review and approval.
8) On May 5, 2026, the signed bridge load rating and load rating design memorandum was
submitted to MnDOT.
9) On May 5, 2026, we met with TKDA and reviewed their draft project special provisions and
discussed project status.

177

Rapidan Dam Update
10)On April 1, 2026, we met with representatives requesting a voluminous data request to
more clearly define their search parameters to be able to better meet their request.
11)On April 8, 2026, we initiated contact with Xcel Energy regarding the parcel of land
adjacent to the dam.
12)On April 9, 2026, we met with Barr Engineering:
a) FEMA responses and cost estimates remain on hold due to lack of FEMA response
during the partial government shutdown.
b) Barr is reviewing the BEC PER EAW comments for revisions.
c) Barr has modeled the downstream channel in the near-term and long-term conditions
assuming accumulated sediment continues to move downstream.
d) Barr believes that the river downcutting will eventually result in a more gradual river
slope instead of the steep reach of river currently at the dam.
e) Their hydraulic modeling indicates that fill heights can be reduced resulting in less fill
needed for the project.
f) Barr is working on revised alternate slope stabilization and grading plans to include a
park access road terraced into the slope.
g) We discussed County risk tolerance for slope stability in the long term.
13)On April 17, 2026, staff from Public Works and Administration met to discuss the public
outreach survey for Board consideration.
14)On April 22, 2026, we met with Xcel Energy regarding the parcel of land where the
substation was northwest of the dam:
a) Xcel Energy no longer has a need for this parcel
b) Xcel is in the process of performing environmental evaluation in order to be able to
transfer site ownership.
c) Xcel indicated that the land has minimal value and they would be open to selling it at a
nominal price or consider donating it to the County depending on leadership direction.
d) We will continue to further these conversations as Xcel evaluation concludes.
15)On April 23, 2026, we met with Barr Engineering:
a) Barr had previously provided updated alternative grading designs including alternative
access road locations and updated cost estimates to the County.
i) Discussion of the cost estimates was had. Barr will revise the estimates to provide
consistency between the 3 estimates with respect to the added cost to fully remove
the dam apron.
b) We tentatively plan to bring the alternative grading designs and cost estimates to the
County Board Work Session on June 23.
c) Barr has not heard any response from the FERC regarding most recent submittals.
They will follow up with the FERC.

2

178

d) Barr and their subcontractor Bolton & Menk will discuss creating renderings for the
proposed alternative grading plans for possible use in the public survey.
e) Additional discussion on cost estimates, proposed materials and unit costs.
16)On April 30, 2026, Barr provided updated cost estimates for our design alternatives. We
plan to have an upcoming County Board work session (tentatively scheduled for June 23 rd)
where Barr can provide a project update and go through the alternatives and cost
estimates.
17)On May 4, 2026, we received an email from Delaney Walsh at FEMA advising us that they
are now able to resume work with us and will be sending updated cost estimates.
18)On May 5, 2025, FEMA provided an updated cost estimate for dam repair funding.
a) The previous cost estimate total amount was $12,726,765.
b) The updated cost estimate total amount is $23,107,920.
c) We will resume regular meetings with FEMA beginning May 11th where they will walk us
through the updated cost estimate and how it was developed.

h:\1 - highway\r thilges\2026\rapidan dam update memo 5-6-2026.docx

3

179

COUNTY ATTORNEY’S OFFICE
MONTHLY REPORT

AN EQUAL OPPORTUNITY EMPLOYER

180

OFFICE OF BLUE EARTH COUNTY ATTORNEY
PATRICK R. MCDERMOTT
COUNTY ATTORNEY

Adult Criminal Filings

2000
2010
2020
2021
2022
2023
2024
2025
2026
2026

Felony
221
502
638
593
571
612
555
530
529
174

GM
160
168
249
210
200
208
228
247
176
58

Misd.
526
356
209
200
203
211
176
171
146
48

Arrgn
242
188
123
88
103
67
65
88
29

(p = Pace moving average values as of 04/30/2026)
(a = Actual cases charged as of 04/30/2026)
These numbers do not reflect the 77 reviewed and declined cases, 118 Reopen cases, 17 expungement requests, 6 appeal cases and
2 post-conviction requests received since January 2026

900
800
700

600
Felony

500

GM
400

Misd.
Arrgn

300
200
100
0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

AN EQUAL OPPORTUNITY EMPLOYER

181

OFFICE OF BLUE EARTH COUNTY ATTORNEY
PATRICK R. MCDERMOTT
COUNTY ATTORNEY

Types of Adult Criminal Felony Case Filings
900
Murder

800

Person
Property

700

Drugs
600

Firearms
Traffic

500

Election Law
400

Misc.
Felony

300

GM

Misd.

200

Arrgn
100

Felony
GM

0
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

2004
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2026

Murder
1
2
0
1
0
0
1
2
6
5
5
2
6
3
1

Person Property
81
172
183
119
230
172
222
115
203
208
217
179
219
155
247
147
211
125
187
104
197
140
206
94
238
84
246
110
81
36

Drugs Firearms
97
43
247
8
311
12
289
14
274
11
246
11
258
17
165
10
195
26
167
26
157
22
110
23
108
23
94
15
31
5

AN EQUAL OPPORTUNITY EMPLOYER

Traffic
5
21
19
11
6
12
14
22
25
21
28
41
22
27
9

Election
Law
0
0
0
1
5
0
0
1
0
0
0
0
0
0
0

Misc.
20
51
69
66
63
58
48
42
41
38
40
47
51
33
11
182

OFFICE OF BLUE EARTH COUNTY ATTORNEY
PATRICK R. MCDERMOTT
COUNTY ATTORNEY

Juvenile Filings
2007
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2026

Felony
118
61
50
81
38
48
67
44
43
46
24
8

GM
17
20
42
18
22
20
20
46
34
18
6

Misd.
354
358
413
212
200
211
265
280
213
119
39

Div
120
103
63
43
68
89
93
90
35
24
8

(p = Pace moving average values as of 04/30/2026)
(a = Actual cases charged as of 04/30/2026)
These numbers do not reflect the 1 decline case and 107 re-opened cases since January 2026
450
400
350
300
Felony
250
GM
Misd.

200

Div
150
100
50
0
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

AN EQUAL OPPORTUNITY EMPLOYER

183

OFFICE OF BLUE EARTH COUNTY ATTORNEY
PATRICK R. MCDERMOTT
COUNTY ATTORNEY

Types of Juvenile Felony Case Filings
60

50
Murder
40

Person
Property

30

Drugs
Juvenile Weapons
Traffic

20

Poss Weapon on School Property
Misc.

10

2007
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2026

Murder
0
0
0
0
0
1
0
0
1
0
0
0

Person Property
43
52
21
29
25
17
54
15
23
13
22
16
16
26
16
14
8
13
19
14
12
9
4
3

Drugs
9
10
10
9
4
8
4
4
0
1
0
0

Juvenile
Weapons
0
1
3
3
0
0
0
1
1
3
3
1

AN EQUAL OPPORTUNITY EMPLOYER

2026

2025

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

2014

2013

2012

2011

2010

2009

2008

2007

0

Traffic
3
0
0
0
0
1
2
1
4
2
0
0

Poss
Weapon
on School
Property
7
0
0
0
0
0
2
1
1
0
0
0

Misc.
3
0
1
1
0
0
4
0
5
4
0
0

184

OFFICE OF BLUE EARTH COUNTY ATTORNEY
PATRICK R. MCDERMOTT
COUNTY ATTORNEY

Child Protection Filings
90
80
70

60
50
40

30
20
10

0
2010

2011

2012

2013

2014

2015

2016

2017

2018

CHIPS

2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2026

2019

2020

2021

2022

2023

2024

2025

2026

TPR

CHIPS
55
66
39
61
45
64
52
43
50
80
51
46
59
46
52
46
64
21

TPR
14
19
8
13
21
15
23
27
21
23
16
25
24
28
16
19
12
4

(p = Pace moving average values as of 04/30/2026)
(a = Actual cases charged as of 04/30/2026)

NOTE: These numbers do not reflect the 338 TIP Meetings and 147 SART Meetings for School Year 2025-2026
AN EQUAL OPPORTUNITY EMPLOYER

185

OFFICE OF BLUE EARTH COUNTY ATTORNEY
PATRICK R. MCDERMOTT
COUNTY ATTORNEY

Family/Commitment

2007
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2026

NonPaternity Support Commitment
76
142
51
60
129
46
57
110
48
73
126
45
54
189
62
55
137
64
52
100
71
49
95
58
41
110
66
44
103
52
24
110
79
8
36
26

(p = Pace moving average values as of 04/30/2026)
(a = Actual cases charged as of 04/30/2026)
200
180

160
140
120
100
80
60

40
20
0
2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026

Paternity

Non-Support

Commitment

These numbers do not reflect the 17 Establishment, 4 Modifications along with
20 Re-open Modifications, 2 Re-open Contempt, 18 Re-open other cases and
3 Re-open Guardianship/Conservatorships
AN EQUAL OPPORTUNITY EMPLOYER

186

OFFICE OF BLUE EARTH COUNTY ATTORNEY
PATRICK R. MCDERMOTT
COUNTY ATTORNEY

Civil Cases

2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2026

Civil
Contract Data
Land
Legal
Social
Tax
Action/Misc Review
Practices Forfeitures Related Opinion Services Court
26
30
9
11
33
19
22
56
36
25
14
136
57
22
31
50
21
29
13
104
21
21
27
43
80
27
6
104
20
27
57
39
44
18
14
83
10
48
48
28
101
20
22
66
17
21
88
22
74
28
25
46
10
26
60
18
114
14
13
43
10
40
61
25
123
24
22
55
6
82
73
38
154
25
15
45
8
96
69
31
46
33
27
30
0
91
73
12
15
11
9
10
0
30
24
12
(p = Pace moving average values as of 04/30/2026)
(a = Actual cases charged as of 04/30/2026)

2026
Tax Court
4%

Civil Action/Misc
15%

Social Services
23%

Contract Review
10%

Data Practices
9%

Forfeitures
10%
Land Related
0%

Legal Opinion
29%
Civil Action/Misc

Contract Review

Data Practices

Forfeitures

Land Related

AN EQUAL OPPORTUNITY EMPLOYER

Legal Opinion

Social Services

Tax Court

187

Official Proceedings of the
Board of Commissioners
Blue Earth County, Minnesota

April 21, 2026

The County Board of Commissioners met in the Commissioners’ Room at 9:00
AM. Present were Commissioners Kip Bruender, Patty O’Connor, Kevin Paap, Mark
Piepho and Vance Stuehrenberg. Also present were County Administrator Robert
Meyer, County Attorney Pat McDermott, and Administrative Assistant Stephanie
Jahnke.
The meeting was called to order.
Pledge
All present said the Pledge of Allegiance to the Flag.
Public Comment
Public comment was heard from Ms. Cora Uyigue, Mankato, MN.
Agenda Review
Commissioner Bruender moved and Commissioner Piepho seconded the motion
to approve the agenda. The motion carried. 2026-142
Commissioner Paap moved and Commissioner Piepho seconded the motion to
recess for the Economic Development Authority meeting at 9:07 AM. The motion
carried. 2026-143
The meeting reconvened at 9:29 AM.
Planning and Zoning
Mr. John Considine, County Zoning Administrator, presented the following item to
the Board:

1
188

Chair O’Connor opened the public comment portion of the hearing. There being
no comments, the public comment portion of the hearing was closed.
Commissioner Bruender moved and Commissioner Piepho seconded the motion
approve the following:
Resolution granting APPROVAL of an interim use permit to operate a lawn care
business in the Agriculture Zoning District. The property is located in the
Southwest Quarter of the Southwest Quarter of Section 3, LeRay Township. (T108-N, R-25-W).
WHEREAS, the owners of the following real estate in the County of Blue Earth,
Minnesota, to wit:
Part of the Southwest Quarter of the Southwest Quarter of Section 3, LeRay
Township (T-108-N, R-25-W), Blue Earth County, Minnesota, as shown on
Attachment A – Location Map.
WHEREAS, the Planning Agency of the County has completed a review of the
application and made a report pertaining to said request (PC 09-26), a copy of said
report has been presented to the Planning Commission; and,
WHEREAS, the request is consistent with the Land Use Plan, and the Agricultural
District Interim Uses, as authorized by the Blue Earth County Board of Commissioners;
and,
WHEREAS, the Planning Commission of the County on the 1st Day of April 2026,
following proper notice held a public hearing regarding the request, and following due
consideration of presented testimony and information, voted unanimously to forward the
matter to the County Board with a recommendation for approval subject to conditions
contained in staff report PC 09-26 and,
WHEREAS, the County Board on the 21st Day of April 2026, held a public hearing
regarding the request, and following due consideration of presented testimony and
information, voted unanimously to approve the request subject to conditions contained
in staff report PC 09-26 and,
WHEREAS, the Blue Earth County Board of Commissioners finds:
a. The Land Use Plan includes a development goal that states: The County will
support orderly growth and limit the development of uses that may eventually
require the extension of urban utilities outside of municipal areas. The Plan
includes a development implementation action that states: Review allowed uses
in all zoning districts to encourage small business growth throughout the County.
Therefore, it appears the use conforms with the county land use plan.
2
189

b. The business has been in operation for several years now and the applicant has
shown there is a demand for lawn care and pest control. Therefore, the need
exists.
c. With proper use, storage and disposal of fuels, oils, chemicals and fertilizers, the
proposed use should not degrade the water quality of the county.
d. The business will be operated in an existing building. No additional development
is proposed. Therefore, the use of the existing structure should not adversely
increase the quantity of water runoff.
e. According to Blue Earth County Soils Map, the soil of the immediate area is
classified as moderately well drained. Nearby is a soil type classified as somewhat
poorly drained. Considering the building and parking area have already been
constructed, the soil conditions appear adequate to accommodate the proposed
use.
f. Onsite maintenance will be limited to changing the oil on their mowers, however
there will never be more than 2.5 gallons of used oil on site. All used oil is taken to
Carriage Auto Repair in Madison Lake for recycling. All other service of equipment
and vehicles are completed off site. Chemicals used for the business are bought
in plastic 2.5-gallon jugs, so there is no bulk storage of chemicals. With proper
handling and storage of gas cans, used oil, and chemical jugs, the business will
not create a potential pollution hazard.
g. Utilities, access roads, drainage, and other necessary facilities have already been
provided, as this is a developed property with no new construction being proposed.
h. The driveway, parking area, and shed designated for the business provide
adequate area for off-street parking and loading.
i.

Due to the limited traffic generated by the proposed use, and the fact that
customers will not be coming to the property, there should be little impact on the
traffic conditions of State Highway 60.

j.

The surrounding properties are a mix of residential development and agricultural
operations. There are also businesses located to the north and south of this
property along State Highway 60. Most business operations happen offsite and
there are a minimal number of employees coming and going. Therefore, the
proposed use is unlikely to be injurious to the use and enjoyment of the property
in the immediate vicinity.

k. Adding a lawn and pest care business to the property will not require any additional
setback requirements for development of surrounding properties. There will also
be minimal traffic and noise generated from the business. Therefore, the use does
not appear likely to negatively impact the undeveloped neighboring properties or
neighboring agricultural activities.
3
190

l.

Business operations will mostly take place at an off-site location. The building that
will be used for the business will be used for storage of equipment. The business
is unlikely to create an offensive odor, fumes, dust, noise, or vibration. Therefore,
the use is unlikely to create a nuisance for the neighboring properties.

m. This standard does not apply.
n. Landscape contractors is an allowable use in the Agriculture Zoning District with
approval of an interim use permit; therefore the proposed use is not greater than
the intensity of the applicable zoning district.
o. The protection of the public’s health, safety, morals, and general welfare have
been addressed through the conditions of approval.
NOW THEREFORE BE IT RESOLVED, by the Blue Earth County Board of
Commissioners, that the Interim Use Permit is hereby granted with the following
conditions:
1. If any future signage is proposed, it must meet the requirements of Section 24-311
of the County Code.
2. The business shall conform with all State and/or Federal regulations and maintain all
permits as required by the State of Minnesota.
3. That the applicant reports any chemical spills to the State in conformance with the
Minnesota Department of Agriculture rules.
4. If at any time a floor drain is installed into the 60’ x 80’ building, all discharge shall be
collected and not daylighted. The floor drain shall be reviewed by Property and
Environmental Resources to ensure compliance.
5. Any change in use not described in the applicant’s business plan or site plan shall
be reviewed and approved by Property and Environmental Resources Staff prior to
implementation. Major changes shall be brought to the Planning Commission and
County Board for review.
6. The interim use will sunset upon the sale of the business or property.
7. The applicant shall apply for a Highway Access permit the change of use with
MNDOT prior to commencement of business operations at 22262 State Hwy 60,
Madison Lake, MN 56063.
The motion carried. 2026-144

4
191

Drainage
Mr. Ryan Hiniker, County Drainage Systems Coordinator, Mr. Jordan
Willemssen, Property and Land Specialist, and Mr. Mark Manderfeld, Deputy Director
Property and Environmental Resources, presented the following items to the Board:
Commissioner Paap moved and Commissioner Stuehrenberg seconded the
motion to approve the following:
STATE OF MINNESOTA
Before the
BLUE EARTH COUNTY BOARD OF COMMISSIONERS
SITTING AS THE DRAINAGE AUTHORITY FOR
JUDICIAL DITCH 15
In the Matter of:
Setting hearing date for the
acceptance of contract for contracted
repairs affecting portions of Judicial
Ditch 15

ORDER FOR PUBLIC HEARING:
Acceptance of Contract, Judicial Ditch
15

At a public meeting conducted by the Blue Earth County Board of Commissioners, sitting
as the Drainage Authority for Blue Earth County Judicial Ditch 15, on April 21, 2026,
pursuant to Minn. Stat. § 103E.555, based on the record and proceedings, it was moved
and seconded for the adoption of the following Findings and Order:
Findings:
1. The Blue Earth County Drainage Authority is the drainage authority for Judicial
Ditch 15 (“JD 15”) public drainage system.
2. Blue Earth County utilizes a County Administrator organizational plan. The Blue
Earth County Administrator has assumed the powers and duties assigned to the
auditor under Minnesota Statutes, chapter 103E.
3. A public repair hearing, which was properly noticed, was held on July 30, 2024.
4. The Judicial Ditch 15 Drainage Authority held a public comment period during the
July 30, 2024, repair hearing.
5. The Drainage Authority approved the engineer’s repair report and directed the
engineer to prepare detailed plans and specifications for public bidding for the
approved repairs for Judicial Ditch 15.
5
192

6. Public bids were solicited and awarded by the Drainage Authority on October 8,
2024, to Larson Contracting.
7. A fully executed and signed agreement of contract, dated November 5, 2024, is
part of the record.
8. All pay applications and change orders were tracked and monitored by ISG project
management staff.
9. All contractor closeout documentation has been submitted by Larson Contracting
including Minnesota Department of Revenue IC134 documentation, which is
included in the engineer’s Acceptance of Contract Report, dated March 4, 2026.
10. The engineers’ Acceptance of Contract Report was received on March 5, 2026, by
Blue Earth County Drainage Management Staff.
11. Notice for this Acceptance of Contract hearing will be properly noticed under
Minnesota state statute 103E.555, notice shall be mailed out, and public affidavit
published in Mankato Free Press, for all affected persons, parties and owners of
property and political subdivisions affected by the Judicial Ditch 15 repairs.
Order:
Based on the foregoing Findings and the entire record of proceedings before the Board,
the Board acting as the Drainage Authority for Judicial Ditch 15, hereby orders as follows:
1. A hearing on the completed construction for Judicial Ditch 15 repairs, and also to
discuss the findings of the engineer’s Acceptance of Contract Report, shall be held
on May 26, 2026, at 9:00 a.m. in the Board of Commissioners’ Room on the second
floor of the Blue Earth County Historic Courthouse, located at 204 South 5th Street,
Mankato, Minnesota.
2. At least ten days before the hearing, the Property and Environmental Resources
staff shall mail notice of the time and location of the hearing to petitioners, owners
of property, and political subdivisions who were affected by the Judicial Ditch 15
repairs.
After discussion, the Board Chair called the question. The question was on the adoption
of the foregoing Findings and Order, and upon vote, the Chair declared the motion passed
and the Findings and Order adopted.
The motion carried. 2026-145
Commissioner Bruender moved and Commissioner Paap seconded the motion to
approve the following:

6
193

STATE OF MINNESOTA
Before the
BLUE EARTH COUNTY BOARD OF COMMISSIONERS
SITTING AS THE DRAINAGE AUTHORITY FOR
JUDICIAL DITCH 33
In the Matter of:
the Petition for Improvement of
Judicial Ditch 33

ORDER FOR PUBLIC HEARING

At a public hearing conducted by the Blue Earth County Board of Commissioners, sitting
as the Drainage Authority for Judicial Ditch 33, on April 21, 2026, it was moved and
seconded to adopt the following Findings and Order:
Findings:
1. The Blue Earth County Board is the Drainage Authority for Judicial Ditch 33.
2. Blue Earth County utilizes a County Administrator organizational plan. The Blue Earth
County Administrator has assumed the powers and duties assigned to the auditor
under Minnesota Statutes, chapter 103E.
3. On December 6, 2021, a petition for Improvements to Judicial Ditch 33 was received
by the Drainage Authority.
4. On December 21, 2021, the Drainage Authority adopted findings and an order
accepting the petition and appointing Charles J. Brandel, PE, of ISG, as the project
engineer. Charles J. Brandel was ordered to prepare a preliminary survey and file a
Preliminary Survey Report with the Drainage Authority.
5. The Preliminary Survey Report was filed with the Blue Earth County Property &
Environmental Resources Department on March 25, 2022.
6. On June 21, 2022, the Drainage Authority noticed and held a Preliminary Hearing on
the Preliminary Survey Report. The Drainage Authority adopted Findings and Order
accepting the Preliminary Survey Report, ordering the engineer to proceed with the
detailed survey, and appointing viewers to determine benefits and damages.
7. On March 30, 2023, the engineer filed the Detailed Survey Report with the Blue Earth
County Property & Environmental Resources Department. A copy of the Detailed
Survey Report was mailed to the Commissioner of Natural Resources for review.
8. On May 9, 2023, the Minnesota Environmental Quality Board, and the Blue Earth
Board of Commissioners, in its capacity as the Drainage Authority for JD 33 pursuant
to Minnesota Statutes, Chapter 103E, received a citizens’ petition requesting that an
Environmental Assessment Worksheet be prepared for the project.

7
194

9. On September 8, 2023, the engineer filed the Detailed Survey Report with the Blue
Earth County Property & Environmental Resources Department. A copy of the
Detailed Survey Report was mailed to the Commissioner of Natural Resources for
review.
10. On March 19, 2024, the Blue Earth County Board of Commissioners finds based on
the adopted Findings of Fact and Record of Decision determined that no
Environmental Assessment Worksheet is required for the proposed Blue Earth County
Judicial Ditch 33 improvement.
11. On June 3, 2024, the engineer filed an Amended Detailed Survey Report with the Blue
Earth County Property & Environmental Resources Department addressing concerns
the DNR raised in its November 11, 2023 letter.
12. On February 18, 2026, the viewers filed the Viewers’ Report with the Blue Earth
County Property & Environmental Resources Department.
13. After the Viewers’ Report was filed, the Blue Earth County Property & Environmental
Resources Department made a property owners’ report from the information in the
Viewers’ Report in conformance with the requirements of Minn. Stat. § 103E.323,
subd. 1.
14. Pursuant to Minn. Stat. § 103E.325, subd. 3, the Final Hearing must be noticed by
publication, posting, and mail.
Order:
Based on the foregoing Findings and the entire record of proceedings before the Board,
the Board, acting as the Drainage Authority for Judicial Ditch 33, hereby orders as follows:
1. A Final Hearing on the detailed survey report and Viewers’ report shall be held on May
26, 2026, at 9:00 a.m. in the 2nd floor, Board of Commissioners’ room at the Blue Earth
County Historic Courthouse, 204 South 5th St., Mankato, MN.
2. The Blue Earth County Property & Environmental Resources Department shall publish
notice of the final hearing once per week for three successive weeks in a newspaper
of general circulation in the area of the proposed project.
3. The Blue Earth County Property & Environmental Resources Department shall post a
printed copy of the final hearing notice for each affected county at least three weeks
before the date of the final hearing at the front door of the courthouse in each county.
4. Within one week after the first publication of notice, the Blue Earth County Property &
Environmental Resources Department shall give notice by mail of the time and
location of the final hearing to the Commissioner of Natural Resources, all property
owners, and others affected by the proposed drainage project and listed in the detailed
survey report and the viewers’ report.
8
195

The motion carried. 2026-146
Commissioner Paap moved and Commissioner Stuehrenberg seconded the
motion to approve the following:
State of Minnesota
Before the
Blue Earth County Board of Commissioners
Sitting as the Drainage Authority for
County Ditch 64
In the Matter of:
Setting date for the Final Hearing for
the Redetermination of Benefits for
County Ditch 64

ORDER FOR PUBLIC HEARING

At a public meeting conducted by the Blue Earth County Board of Commissioners, sitting
as the Drainage Authority for Blue Earth County Ditch 64, on April 21, 2026, pursuant to
Minn. Stat. § 103E.351 subd. 2, based on the record and proceedings, it was moved and
seconded for the adoption of the following Findings and Order:
Findings:
12. The Blue Earth County Drainage Authority is the drainage authority for the County
Ditch 64 drainage system.
13. Blue Earth County utilizes a County Administrator organizational plan. The Blue
Earth County Administrator has assumed the powers and duties assigned to the
auditor under Minnesota Statutes, chapter 103E.
14. The drainage authority found that the conditions required for the initiation of a
redetermination of benefits exist, that the original benefits and damages do not
reflect reasonable present-day land values, and the benefited areas have
changed.
15. On May 7, 2019, a Findings and Order was approved and signed by the drainage
authority formally appointing Dan Ruby, Charles W. Anderson, Lance Roberts,
Gary Ewert, and Ron Ringquist as viewers to redetermine and report the benefits
and damages for County Ditch 64.
16. On February 23, 2026, a draft copy of the proposed Redetermination of Benefits
and Damages statement for County Ditch 64 was received by Blue Earth County
Property and Environmental Resources Drainage Management staff.
17. On May 11, 2026, an informational meeting will be held with benefited landowners
as identified on the proposed Viewers’ Report.
9
196

18. Pursuant to Minn. Stat. § 103E.351, subd. 2, a public hearing must be noticed by
mail to petitioners, owners of property, and political subdivisions likely to be
affected by the proposed redetermination.
Order:
Based on the foregoing Findings and the entire record of proceedings before the Board,
the Board, acting as the Drainage Authority for County Ditch 64, hereby orders as follows:
3. A hearing on the proposed draft Benefits and Damages Statement for the
Redetermination of Benefits for County Ditch 64, shall be held on May 26, 2026,
at 9:00 a.m., in the Board of Commissioners’ Room on the second floor of the Blue
Earth County Historic Courthouse, located at 204 South 5th Street, Mankato,
Minnesota.
4. A printed copy of the final hearing notice for each affected county must be posted
at least three weeks before the date of the final hearing at the front door of the
courthouse in each county. Within one week after the first publication of the notice,
the auditor shall give notice by mail of the time and location of the final hearing to
the commissioner, all property owners, and others affected by the proposed
drainage project and listed in the viewers' report.
The motion carried. 2026-147
Commissioner Paap moved and Commissioner Bruender seconded the motion to
amend the County Ditch 86 lateral and improvement interest rate to 6.00% effective in
payable year 2027. The motion carried. 2026-148
Commissioner Stuehrenberg moved and Commissioner Piepho seconded the
motion to amend the Judicial Ditch 14 Improvement interest rate to 6.00% effective in
payable year 2027. The motion carried. 2026-149
Human Services
Mr. Phil Claussen, Human Services Director, presented the following items to the
Board:
SNAP Employment and Training Amendment
This contract enables Blue Earth County Human Services to partner with MRCI to
provide employment services to participants of the Supplemental Nutrition Assistance
Program (SNAP). Participants are assisted with finding and retaining employment so

10
197

that they can become self-sufficient. Total funding for 2026 is $55,256. The term of this
amendment is October 1, 2025, through September 30, 2026.
Social Services Task Force Appointments
The following individuals have been appointed to the Social Services Task Force
effective April 21, 2026 through December 31, 2027.
•
•
•
•

Victoria Nett – Commissioner District 5
Melissa Hernandez – Commissioner District 5
Jill Sallstrom – Commissioner District 4
Marianna Blesi – Commissioner District 3

The motion carried. 2026-150
Administrative Services
Mr. Robert Meyer, County Administrator, presented the following items to the
Board:
Commissioner Stuehrenberg moved and Commissioner Piepho seconded the
motion to approve the April 7, 2026 Board Minutes. The motion carried. 2026-151
Commissioner Bruender moved and Commissioner Stuehrenberg seconded the
motion to approve the following bills:
For the week of April 2-8, 2026 totaling $949,420.14
For the week of April 9-15, 2026 totaling $3,246,054.93
The motion carried. 2026-152
The Human Resources item was presented as an informational item.
Commissioner Bruender moved and Commissioner Stuehrenberg seconded the
motion to authorize the County Board Chair and the County Administrator to sign the
agreement with the International Union of Operating Engineers Local Union #49 for
calendar years 2026-2028. The motion carried. 2026-153
Commissioner Paap moved and Commissioner Bruender seconded the motion to
approve the jail reorganization including the reclassification of Jail Administrator and
11
198

Assistant Jail Administrator and creation of supervisory Seargeant positions (Adjust
Budgets). The motion carried. 2026-154
The March Financial Status Report was presented as an informational item.
Committee Reports
The Commissioners reported on committee meetings they have participated in
since the last Board Meeting. Some of the meetings included AMC Board Meeting,
AMC Legislative Update, BENCO Electric Annual Meeting, County Board Work
Session, Eagle Lake Active Adults Meeting, Employee Recognition Event, Joint
Drainage Meeting with Brown and Watonwan Counties, Law Library Board Meeting,
Mayors and Clerks Meeting, MICA Board Meeting, MN River One Watershed One Plan
Meeting, NACo Rural Action Caucus Virtual Meeting, National County Government
Month Celebration, Public Works Safety Luncheon, Region 9 Board Meeting, Soil and
Water Conservation District Board Meeting, TdS Board Meeting.
Commissioner Paap moved and Commissioner Stuehrenberg seconded the
motion to recess the meeting at 10:13 AM. The motion carried. 2026-155
Commissioner Paap moved and Commissioner Stuehrenberg seconded the
motion to adjourn the meeting at 12:36 PM. The motion carried. 2026-156

12
199

BILLS 04/16/26 – 04/22/26
4 POINT O NON-EMERGENCY MEDICAL TRANSPORTATIO
ADVANCED CORRECTIONAL HEALTHCARE INC
AFFORDABLE TOWING OF MANKATO INC
AKRALOS ANIMAL NUTRITION
ALTERNATIVE RESOLUTIONS INC
ALTERNATIVE RESOLUTIONS INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMBOY SNOWBIRDS
ANDERSON ANTHONY
AT&T MOBILITY LLC
B & M SUPPLIERS
B&H PHOTO-VIDEO
BEHRENDS MARK W
BEHRENDS MARK W
BIG TOP TENT RENTAL INC
BLUE CROSS & BLUE SHIELD
BLUE EARTH CO HISTORICAL SOCIETY
BRANDT & WINKLER PA
BRAUN OIL COMPANY
BROWN COUNTY AUDITOR-TREAS
BROWN COUNTY EVALUATION CENTER INC
C & S SUPPLY CO INC
C & S SUPPLY CO INC
C & S SUPPLY CO INC
CALLTOWER INC
CAMPION BARROW & ASSOCIATES INC
CENTRAL FARM SERVICE
CINTAS CORPORATION
CITY OF MANKATO
CITY OF MANKATO
CITY OF MANKATO
CLASS ACT GLASS WINDOW CLEANING LLC
CLASS ACT GLASS WINDOW CLEANING LLC
CMS MEDICARE INSURANCE
COMMISSIONER OF REVENUE
COMMISSIONER OF REVENUE
COMMISSIONER OF REVENUE
COMMISSIONER OF TRANSPORTATION
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR

MEDICAL COMMON CARRIERS
DOCTOR FEES
EQUIPMENT-REPAIR/MAINT.
DAMAGE REIMBURSEMENT
PAYMENT FOR RECIP-NON TAX
PAYMENT FOR RECIPIENT
EQUIPMENT-PURCHASED
EQUIPMENT-REPAIR/MAINT.
LIB. PROCESSING MATERIALS
LIBRARY COLLECTION
OFFICE SUPPLIES
PROGRAM SUPPLIES
PASS THRU OF FUNDS
DAMAGE REIMBURSEMENT
CELLULAR PHONE EXPENSE
EXPENDABLE EQUIPMENT
EQUIPMENT-PURCHASED
CONTRACTED SERVICES
MILEAGE
OTHER RENTAL/LEASE
COUNTY SHARE HEALTH/LIFE
OTHER FEES
ATTORNEY FEES
GASOLINE/DIESEL/FUELS
CONTRACTED SERVICES
DETOX
EQUIPMENT-REPAIR/MAINT.
EXPENDABLE EQUIPMENT
PROGRAM SUPPLIES
MAINTENANCE AGREEMENT
DOCTOR FEES
GASOLINE/DIESEL/FUELS
OTHER FEES
LIBRARY MATERIALS DONATED
PAYMENT FOR RECIPIENT
WATER/SEWER
CONTRACTED SERVICES
OTHER SERVICE AGREEMENT
COST EFF HEALTH INS- TAXABLE
MISCELLANEOUS REVENUE
SALES TAX PAYABLE
USE TAX PAYABLE
CONSTRUCTION OTHER
MEDICAL TRANSPORTATION
ADVISORY COMM. PER DIEMS
PAYMENT FOR RECIP-NON TAX
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
ADVISORY COMM. PER DIEMS
COST EFFECTIVE HEALTH INS
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
PAYMENT FOR RECIPIENT

2,063.40
62,754.98
300.00
500.00
292.19
3,079.23
195.88
78.59
5.68
36.00
255.17
43.18
8,903.40
4,000.00
412.06
4,400.00
190.06
1,155.00
36.25
167.00
1,650.00
100.00
1,020.00
23,448.79
2,672.84
22,625.50
279.32
385.58
159.54
196.14
490.00
47.05
66.91
55.00
40.00
295.27
1,185.30
95.40
608.70
(0.84)
15,247.37
256.47
231.12
420.86
90.00
57.28
202.90
203.88
618.81
250.80
472.64
190.00
726.32
117.92
159.46
166.96
271.90
200
100.00

CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
COUNTRYSIDE REFRIGERATION & HEATING LLC
CRAFCO INC
CRAFCO INC
CRYSTAL LAWN INC
CRYSTAL VALLEY COOPERATIVE
DAHL WESLEY
DAHL WESLEY
DEM-CON COMPANIES LLC
DEM-CON COMPANIES LLC
DEPUTY REGISTRAR
DIEBOLD LAW FIRM LLC
DIRT MERCHANT INC
DOUBLE E PROPERTIES
EIDE BAILLY LLP
EIDE BAILLY LLP
ELIOR INC
EXPRESS SERVICES, INC.
FALKSTONE LLC
FAMILY TREE MAGAZINE
FARRISH JOHNSON LAW OFFICE

MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
PAYMENT FOR RECIP-NON TAX
COST EFFECTIVE HEALTH INS
MA PARKING
MEDICAL TRANSPORTATION
ADVISORY COMM. PER DIEMS
PAYMENT FOR RECIP-NON TAX
MEDICAL MEALS
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
MEDICAL TRANSPORTATION
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
ADVISORY COMM. PER DIEMS
PAYMENT FOR RECIP-NON TAX
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
MEDICAL TRANSPORTATION
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
MEDICAL TRANSPORTATION
MEDICAL TRANSPORTATION
MEDICAL TRANSPORTATION
MEDICAL TRANSPORTATION
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
FACILITY-REPAIR/MAINT.
EQUIPMENT-REPAIR/MAINT.
OTHER MAINT SUPPLIES ROAD
GROUNDS UPKEEP/IMPROVE
GAS/FUELS - BUILDING
CONTRACTED SERVICES
MILEAGE
COMMODITY REBATE
RECYCLING FACILITY
PAYMENT FOR RECIPIENT
ATTORNEY FEES
EARTHEN MATERIALS/SOILS
RENTAL ASSISTANCE
AMHI FLEXIBLE FUNDS
PAYMENT FOR RECIPIENT
BOARD OF PRISONER FEES
MANPOWER SALARIES
OTHER MAINT SUPPLIES ROAD
LIBRARY COLLECTION
ATTORNEY FEES

448.80
202.90
550.00
207.46
3.00
36.52
75.00
44.95
6.50
116.16
373.14
677.64
240.93
311.94
458.44
215.60
37.40
611.64
50.00
37.70
280.24
872.80
195.78
1,182.24
7.48
66.00
153.15
918.90
109.56
33.00
42.68
25.52
96.36
486.40
312.09
115.28
208.00
134.88
44.25
306.30
264.00
1,339.49
670.00
439.00
1,871.04
1,500.00
174.00
(19,027.11)
27,903.80
26.00
650.00
4,290.00
65.00
2,520.00
7,560.00
5,951.37
2,430.90
10,529.90
29.99
201
375.00

FERRELLGAS
FIELDFLOW SOLUTIONS LLC
FIMCO INC
FIMCO INC
FIRST HOSPITAL LABORATORIES INC
FIS
FOOD & WINE
FORTUNE
FOUR SEASONS ALL SERVICE LLC
FREE PRESS CO
FREE PRESS CO
FREYBERG PETROLEUM SALES
GILLUND ENTERPRISES
GISLASON & HUNTER LLP
GMS INDUSTRIAL SUPPLIES INC
GMS INDUSTRIAL SUPPLIES INC
GREATER MINNESOTA GAS INC
GREATER MINNESOTA TRAUMA CENTER LLC
GROVER NEIL & SHELLI
HARRISON FORD OF MANKATO FORD LLC
HEALTHEQUITY INC
HELLO WORLD LLC
HILLCREST HEALTH CARE CENTER LLC
HOPE HAVEN INC
HORIZON HOMES INC
HP INC
HY-VEE
HY-VEE
I & S GROUP INC
INDEPENDENT PEST CONTROL LLC
INGRAM LIBRARY SERVICES
INGRAM LIBRARY SERVICES
INNOVATIVE OFFICE SOLUTIONS LLC
J.G. BAILEY MEDIA, INC.
JOHN DEERE FINANCIAL
JOHN DEERE FINANCIAL
JUERGENS FAMILY FARM LLC
KIFFE WILLIAM G & SHARON D
KNUTSON CASEY PC
KORMENDY CHERI
KRUEGER EXCAVATING OF ALBERT LEA LLC
KUEHG CORP
KUEHN DANIEL
LAGER'S OF MANKATO INC
LAKE CRYSTAL CITY OF (UTILITIES)
LAKE CRYSTAL CITY OF (UTILITIES)
LAW OFFICE OF RICHARD G MCGEE LLC
LEWIS EMILY
LIBERTY TIRE RECYCLING, LLC
LINGUAONE INC
LITTLE SAINTS ACADEMY LLC
LOCATORS & SUPPLIES INC
LUTHERAN SOCIAL SERVICE INC
MANKATO LEGAL GROUP
MANPOWER INC
MANPOWER INC
MANPOWER INC
MARCO TECHNOLOGIES LLC
MARTIN MARIETTA
MCGUIRE MICHAEL D

GAS/FUELS - BUILDING
CONTRACTED SERVICES
EQUIPMENT-REPAIR/MAINT.
OTHER MAINT SUPPLIES SHOP
DOCTOR FEES
CREDIT CARD FEES
LIBRARY COLLECTION
LIBRARY COLLECTION
FACILITY-REPAIR/MAINT.
ADVERTISING
LEGAL PUBLICATIONS
GASOLINE/DIESEL/FUELS
OTHER MAINT SUPPLIES SHOP
ATTORNEY FEES
GROUNDS UPKEEP/IMPROVE
OTHER MAINT SUPPLIES SHOP
GAS/FUELS - BUILDING
PAYMENT FOR RECIPIENT
DAMAGE REIMBURSEMENT
EQUIPMENT-REPAIR/MAINT.
ACCOUNTS PAYABLE
PAYMENT FOR RECIPIENT
OTHER FEES
CONSTRUCTION SUPPLIES
RENTAL ASSISTANCE
EQUIPMENT-PURCHASED
DRUG TESTING
MEALS
CONTRACTED SERVICES
OTHER SERVICE AGREEMENT
LIBRARY COLLECTION
LIBRARY MATERIALS DONATED
OFFICE SUPPLIES
LIBRARY MATERIALS DONATED
EQUIPMENT-REPAIR/MAINT.
OTHER MAINT SUPPLIES SHOP
DAMAGE REIMBURSEMENT
DAMAGE REIMBURSEMENT
ATTORNEY FEES
WAIVERED SERVICES
CONTRACTED SERVICES
CHILD CARE
PAYMENT FOR RECIPIENT
EQUIPMENT-REPAIR/MAINT.
ELECTRICITY
WATER/SEWER
ATTORNEY FEES
ADVISORY COMM. PER DIEMS
RECYCLING/DISPOSAL FEES
INTERPRETER FEES
CHILD CARE
OTHER MAINT SUPPLIES SHOP
PAYMENT FOR RECIPIENT
ATTORNEY FEES
CONTRACTED SERVICES
PAYMENT FOR RECIPIENT
TAXABLE MEALS
MAINTENANCE AGREEMENT
OTHER MAINT SUPPLIES ROAD
CONTRACTED SERVICES

762.33
4,160.23
18.28
112.09
61.90
2,286.63
32.00
22.00
2,350.00
481.66
291.92
3,139.97
141.60
2,218.50
69.99
611.02
4,478.29
877.00
82.00
2,105.03
9,454.96
7,000.00
336.43
4,078.70
2,726.19
30,618.93
24.00
60.24
17,620.63
65.00
360.87
147.52
246.21
920.00
14.04
29.42
54.62
420.25
3,120.00
158.00
51,756.48
637.26
1,245.67
356.25
516.27
224.17
360.00
40.00
2,408.35
100.00
440.26
166.53
7,015.02
150.00
351.00
5,145.03
39.48
505.90
1,892.57
202
172.50

MCGUIRE MICHAEL D
MENARDS INC
MENARDS INC
MENARDS INC
METTLERS INC
MIDWEST LIVING
MIDWEST MONITORING & SUR INC
MIDWEST TAPE LLC
MIKE'S LLC
MINNESOTA COUNTIES COMPUTER COOPERATIVE
MINNESOTA PAID LEAVE FUND
MINNESOTA UI FUND
MN CHILD SUPPORT PAYMENT CNTR
MN DEPARTMENT OF REVENUE
MN DEPARTMENT OF REVENUE
MN DEPT OF REVENUE
MN DEPT OF TRANSPORTATION
MN DNR
MN STATE TREASURER
MN WASTE PROCESSING CO
MN WASTE PROCESSING CO
MOTHER EARTH NEWS
MULTI SERVICE TECHNOLOGY SOLUTIONS INC
MULTI SERVICE TECHNOLOGY SOLUTIONS INC
NAPA AUTO PARTS - MANKATO
NELSON LORA A
NELSON OYEN TORVIK PLLP
NICE HEALTHCARE
NICOLLET CO PUBLIC WORKS DEPT
NICOLLET COUNTY HEALTH AND HUMAN SERVICES
OFFICE OF MN IT SERV
OFFICE OF MN IT SERV
ONE TIME PAY- TAX REFUNDS
ONSOLVE LLC
PARTNERS FOR HOUSING
PEOPLE MAGAZINE
PETERS TERRY & ROBERT
PIOTTER LUVERNE & IRENE
POMPS TIRE SERVICE INC
PONDEROSA OF BLUE EARTH COUNTY
PRAIRIE LAKES JDC-SECURE
PRAIRIE LAKES YP-GIRLS HOME
QUARNSTROM & DOERING PA
QUEEN KACY
RADZAK DEBRA
REGENTS OF THE UNIV OF MN
REGENTS OF THE UNIV OF MN
RIVER BEND BUSINESS PRODUCTS
SAFETY & RESPECT DRIVING SCHOOL LLC
SAM'S CLUB DIRECT INC
SAM'S CLUB DIRECT INC
SCHULL JODY L
SCHULTZ JORDAN M
SCHWICKERTS COMPANY
SCOTT CO JUVENILE ALTERNATIVE FACILITY
SECOND CHANCE RECYCLING, LLC
SHI INTERNATIONAL CORP
SHOOTING STAR NATIVE SEEDS, INC
SLYVA LAW LLC
ST CLAIR CITY OF (UTILITIES)

OTHER FEES
EXPENDABLE EQUIPMENT
FACILITY-REPAIR/MAINT.
OFFICE SUPPLIES
MEALS
LIBRARY COLLECTION
PAYMENT FOR RECIPIENT
LIBRARY COLLECTION
EQUIPMENT-PURCHASED
MEMBERSHIP DUES
MN PAID LEAVE
UNEMPLOYMENT COMPENSATION
REVENUE COLLECTED/OTHERS
DEED TAX PAYABLE
MORTGAGE REGISTRY TAX PAY
GASOLINE/DIESEL/FUELS
EQUIPMENT-PURCHASED
REVENUE COLLECTED/OTHERS
REVENUE COLLECTED/OTHERS
PAYMENT FOR RECIPIENT
RECYCLING/DISPOSAL FEES
LIBRARY COLLECTION
AMHI FLEXIBLE FUNDS
PAYMENT FOR RECIPIENT
EQUIPMENT-REPAIR/MAINT.
WAIVERED SERVICES
ATTORNEY FEES
COUNTY PAID HEALTH
OTHER FEES
OTHER FEES
CONTRACTED SERVICES
OTHER FEES
REFUNDS
OTHER FEES
PAYMENT FOR RECIPIENT
LIBRARY COLLECTION
DAMAGE REIMBURSEMENT
RENTAL ASSISTANCE
EQUIPMENT-REPAIR/MAINT.
OTHER FEES
OHP - CORRECTION FACILITY
OHP - CORRECTION FACILITY
ATTORNEY FEES
CHILD CARE
CONTRACTED SERVICES
CONTRACTED SERVICES
PROGRAM SUPPLIES
MAINTENANCE AGREEMENT
PAYMENT FOR RECIPIENT
MEALS
OTHER CAPITAL EXPENDITURE
FEES FOR SERVICES
CONTRACTED SERVICES
EQUIPMENT-REPAIR/MAINT.
OHP - CORRECTION FACILITY
RECYCLING/DISPOSAL FEES
MAINTENANCE AGREEMENT
GROUNDS UPKEEP/IMPROVE
ATTORNEY FEES
WATER/SEWER

6.52
26.25
49.89
18.65
1,452.19
44.00
496.00
139.44
918.71
2,187.50
109,235.66
11,297.96
1,403.00
74,183.17
144,167.74
2,411.75
10,412.55
7,383.10
270,965.39
174.37
1,665.86
39.95
138.17
1,243.59
31.98
210.00
130.00
18,655.73
270.12
229.14
58.62
2,012.44
194.00
1,346.31
27,000.00
138.24
10.25
1,250.00
614.36
8.55
20,520.00
34,100.00
100.00
254.52
40.25
38,397.41
300.00
2,628.90
490.00
94.68
133.05
150.00
143.75
2,510.00
17,449.00
1,995.00
4,026.70
3,020.00
170.00
203
265.51

STAGES OF CHANGE CENTER LLC
STAPLES BUSINESS ADVANTAGE INC
SVINSTIA INC
TAUNTON DIRECT INC
THOMSON REUTERS-WEST PUBLISHING CORP
TOLTZ-KING-DUVALL-ANDERSON & ASSOCIATES INC
TOPPERS PLUS INC
TRAF-SYS INC
TREASURER STATE OF MINNESOTA
TYLER TECHNOLOGIES INC
UNITED PROCESS SERVERS OF MINNESOTA
US BANK
VERIZON WIRELESS
VERUS CORPORATION
VESTIS GROUP INC
VILLAGE RANCH INC TIER II - ANNANDALE
VINE FAITH IN ACTION
VINE FAITH IN ACTION
VK HOLDINGS LLC
WALTERS JAY
WM CORPORATE SERVICES INC
WM CORPORATE SERVICES INC
WOODS PSYCHOLOGICAL SERVICES LLC
XCEL ENERGY
XCEL ENERGY
ZUMBRO VALLEY M.H.CENTER

PAYMENT FOR RECIPIENT
CUSTODIAL SUPPLIES
REFUNDS
LIBRARY COLLECTION
LIBRARY COLLECTION
PW CONSULTANTS SERV
EQUIPMENT-REPAIR/MAINT.
CONTRACTED SERVICES
OTHER FEES
MAINTENANCE AGREEMENT
OTHER FEES
US BANK TRUST
CELLULAR PHONE EXPENSE
CONTRACTED SERVICES
CONTRACTED SERVICES
OHP - CORRECTION FACILITY
MEDICAL TRANSPORTATION
PAYMENT FOR RECIPIENT
AMHI FLEXIBLE FUNDS
ADVISORY COMM. PER DIEMS
RECYCLING FACILITY
WATER/SEWER
PAYMENT FOR RECIPIENT
ELECTRICITY
GAS/FUELS - BUILDING
DETOX

600.00
2,204.63
20.00
46.95
763.02
221,777.04
19.00
410.00
160.00
277,905.60
1,290.00
44,334.82
200.05
185.00
461.95
9,850.87
36.00
78.32
74.95
60.00
22,057.69
165.29
350.00
403.77
250.89
2,300.00
$1,804,229.22

204

BILLS 04/23/26 – 04/29/26
4 POINT O NON-EMERGENCY MEDICAL TRANSPORTATIO
ADVANCED CORRECTIONAL HEALTHCARE INC
AFSCME COUNCIL 65
AFSCME PEOPLE
AHEARN, PAUL
AHLSCHLAGER, KRISTIN
AHLSCHLAGER, KRISTIN
AINSLEY, ELIZABETH
ALLAN PROPERTIES LLC
ALLIANCE HEALTH SERVICES, INC.
ALTENBURG, TRACE
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMAZON CAPITAL SERVICES INC
AMERICAN BUSINESS FORMS INC
AMERICAN FAMILY LIFE ASSURANCE
ANGIE'S INFANT & TODDLER DC LLC
ARCHER DANIELS MIDLAND CO
ASSOC OF MINN COUNTIES
ATWOOD PROPERTY MANAGEMENT INC
AVANTI CENTER FOR GIRLS
AXON ENTERPRISE INC.
B&H PETROLEUM EQUIPMENT CO INC
B&H PHOTO-VIDEO
BAIR-BRAAM, SUZANNE
BARNARD, JACOB
BARNES MATTHEW
BARSNESS WILLIAM
BARSNESS WILLIAM
BENCO ELECTRIC COOP
BERGEMANN, ANN
BERGS SERVICE LLC
BERNARDY RICHARD
BETTER HOMES AND GARDENS
BIELEN WILLIAM
BLETHEN GAGE & KRAUSE PLLP
BLOM, KARI
BLOM, KARI
BLUE LINE SHARPENING & SALES
BOARD OF TRUSTEES
BORCHERT, BRETT
BPB LLC
BRENNAN, JEREMY
BROWN COUNTY EVALUATION CENTER INC
BRUENDER, KIP
BRUNS, BRIANNA
BUCKMISTER, MOLLY
BURNS, QUINN
BURROWS JEANNE ANN
BURROWS, BETH
BY KHORN
C & S SUPPLY CO INC

MEDICAL COMMON CARRIERS
DOCTOR FEES
UNION DUES WITHHELD
UNION DUES WITHHELD
MILEAGE REIMBURSEMENT
MEAL REIMBURSEMENT
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
RENTAL ASSISTANCE
HEALTH MEDICAL PSYCHOLOG.
MILEAGE REIMBURSEMENT
CONTINGENCY CAPITAL
CUSTODIAL SUPPLIES
EQUIPMENT-PURCHASED
EXPENDABLE EQUIPMENT
LIBRARY COLLECTION
OFFICE SUPPLIES
OTHER FEES
PAYMENT FOR RECIPIENT
PROGRAM SUPPLIES
OFFICE SUPPLIES
CANCER INS WITHHELD
CHILD CARE
DAMAGE REIMBURSEMENT
REGISTRATION FEES
RENTAL ASSISTANCE
OHP - RULE 5/OSF
EXPENDABLE EQUIPMENT
EXPENDABLE EQUIPMENT
EQUIPMENT-PURCHASED
MILEAGE REIMBURSEMENT
UNIFORM REIMBURSEMENT
RENTAL ASSISTANCE
DAMAGE REIMBURSEMENT
RIGHT-OF-WAY
ELECTRICITY
MILEAGE REIMBURSEMENT
EQUIPMENT-REPAIR/MAINT.
RENTAL ASSISTANCE
LIBRARY COLLECTION
ELECTRICAL REPAIR
ACCOUNTS PAYABLE
MEAL REIMBURSEMENT
MILEAGE REIMBURSEMENT
EQUIPMENT-REPAIR/MAINT.
PW CONSULTANTS SERV
MILEAGE REIMBURSEMENT
EQUIPMENT-REPAIR/MAINT.
MEAL REIMBURSEMENT TAXABLE
DETOX
COUNTY BOARD PER DIEM
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
OTHER FEES
MILEAGE REIMBURSEMENT
RENTAL ASSISTANCE
PROGRAM SUPPLIES

2,349.58
12,000.06
5,132.61
19.25
161.68
6.69
197.21
47.93
1,015.00
34,440.61
38.43
272.55
24.49
1,492.21
387.66
198.00
562.52
26.59
71.81
41.90
40.00
4,180.39
408.70
500.00
300.00
889.00
10,030.67
2,781.00
14,673.62
96.61
128.33
102.97
640.00
2,500.00
2,000.00
810.14
206.61
82.49
388.00
31.00
785.62
12,251.35
23.14
491.57
60.00
3,760.00
239.25
439.90
22.79
24,760.13
700.00
280.86
15.81
29.73
17.89
31.91
825.00
205
71.79

CARAWAY, JULIE
CARLSON COUNSELING CONSULTING
CENTERPOINT ENERGY
CENTERPOINT ENERGY
CHAIRAKOUN, CHELSEA
CHARTER COMMUNICATIONS CO
CHARTER COMMUNICATIONS CO
CHERRY RIDGE APTS LTD
CHERRY SQUARE LLC
CHOCK, HAILEY
CINTAS CORPORATION
CITY OF MANKATO
CITY OF MANKATO
CITY OF MANKATO
CLASS ACT GLASS WINDOW CLEANING LLC
COLE PAPERS
COMMISSIONER OF REVENUE
CONDOR HOLDINGS LLC
CONDOR HOLDINGS LLC
CONDOR HOLDINGS LLC
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
CONFIDENTIAL VENDOR
COUNTRYSIDE REFRIGERATION & HEATING LLC
COURT ADMIN-NICOLLET COUNTY
CREMATION SOCIETY OF MINNESOTA LLC
CRYSTAL VALLEY COOPERATIVE
CURTIS W KINGBAY TRUST
DAKOTA CO JUV SERVICES CENTER
DANN, NATALIA
DATA PROCESSING DESIGN INC
DELTA DENTAL
DELTA DENTAL
DHS-CCDTF
DHS-MOOSE LAKE RTC 462

MILEAGE REIMBURSEMENT
PAYMENT FOR RECIPIENT
GAS/FUELS - BUILDING
RENTAL ASSISTANCE
MILEAGE REIMBURSEMENT
OTHER FEES
PAYMENT FOR RECIPIENT
RENTAL ASSISTANCE
RENTAL ASSISTANCE
UNIFORM REIMBURSEMENT
OTHER FEES
PAYMENT FOR RECIPIENT
WAIVERED SERVICES
WATER/SEWER
CONTRACTED SERVICES
PROGRAM SUPPLIES
STATE WITHHOLDING
CELLULAR PHONE EXPENSE
OTHER FEES
TELEPHONE
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
MEDICAL TRANSPORTATION
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
MA PARKING
MEDICAL MEALS
MEDICAL TRANSPORTATION
RENTAL ASSISTANCE
MA PARKING
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
MEDICAL TRANSPORTATION
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
PAYMENT FOR RECIPIENT
BUY MONEY
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
COST EFFECTIVE HEALTH INS
FACILITY-REPAIR/MAINT.
ACCOUNTS PAYABLE
BURIAL COSTS
GASOLINE/DIESEL/FUELS
RENTAL ASSISTANCE
SECURE DETENTION
MILEAGE REIMBURSEMENT
OTHER FEES
COUNTY SHARE HEALTH/LIFE
DENTAL INSURANCE PAYABLE
CCDTF
STATE HOSPITALS

57.17
3,800.00
3,429.35
353.73
43.94
1,298.69
50.00
3,796.00
950.00
151.99
66.91
80.00
5,764.00
625.75
5,333.40
243.34
75,594.07
79.26
162.91
8,603.04
465.12
530.74
141.63
1,074.00
472.64
395.78
171.77
1,655.73
325.92
136.40
448.80
247.34
32.00
27.39
261.36
950.00
4.00
36.96
248.60
30.80
185.64
319.12
259.49
2,670.00
103.62
178.55
195.19
82.35
7.98
275.00
1,660.00
216.23
1,850.00
16,400.00
10.15
200.82
667.80
12,965.80
8,007.36
206
4,448.50

DOUBLE E PROPERTIES
DRAGER, MOLLY
DRAGER, MOLLY
DUFF, KOLTON
ECHO RIVERS
EGAN COMPANY
ELIOR INC
EXPRESS SERVICES, INC.
FALKSTONE LLC
FASNACHT RICHARD
FIDELITY SECURITY LIFE INSURANCE CO
FIDELITY SECURITY LIFE INSURANCE CO
FIDLAR COMPANIES INC.
FIMCO INC
FITZSIMMONS, MARIA
FITZSIMMONS, MARIA
FREDERICK, CARLA
FREE PRESS CO
FREYBERG PETROLEUM SALES
GARZA, ADRIANNA
GAUDETTE CORYELL, MEGAN
GEHRKE, NICOLE
GEHRKE, NICOLE
GISH ELECTRIC LLC
GMS INDUSTRIAL SUPPLIES INC
GOETTLICHER, DANIEL
GREATER MANKATO UNITED WAY
GREEN ROCKET SECURITY INC
GST TRUST U/A CURTIS W. KINGBAY
GUAPPONE, GINA
GUAPPONE, GINA
GUARANTEED ELECTRIC SERVICE, INC
GUSE-PIERSKALLA, JENNIFER
HAACK, RONALD
HAACK, RONALD
HAEDER, DARRIN
HALL, TERRY
HEALTHEQUITY INC
HELTON, TERRY
HERITAGE CRYSTAL CLEAN INC
HERMEL WHOLESALE
HEUSS, SHAWN
HICKS, MARK
HOLLAND, ERIC
HOLLAND, HOLLY
HOLLAND, HOLLY
HOMAN, SHELBY
HP INC
HY-VEE
IFD FOODSERVICE DISTRIBUTOR
INGRAM LIBRARY SERVICES
INGRAM LIBRARY SERVICES
INNOVATIVE OFFICE SOLUTIONS LLC
INTERNAL REVENUE SERVICE
INTERNAL REVENUE SERVICE
INTERNAL REVENUE SERVICE
ISEBRAND, JOSHUA
ISPACE ENVIRONMENTS, INC
JANSSEN, JONATHAN
JENSEN, KARL

RENTAL ASSISTANCE
MEAL REIMBURSEMENT TAXABLE
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
RENTAL ASSISTANCE
BLDG-ACQUISITION/CONSTR
BOARD OF PRISONER FEES
MANPOWER SALARIES
OTHER MAINT SUPPLIES ROAD
REFUNDS
COUNTY SHARE HEALTH/LIFE
VISION
COMPUTER SOFTWARE-PURCH
OTHER MAINT SUPPLIES SHOP
MILEAGE REIMBURSEMENT
PAYMENT FOR RECIPIENT
MILEAGE REIMBURSEMENT
ADVERTISING
GASOLINE/DIESEL/FUELS
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
MEAL REIMBURSEMENT
MEAL REIMBURSEMENT TAXABLE
EQUIPMENT-REPAIR/MAINT.
OTHER MAINT SUPPLIES SHOP
UNIFORM REIMBURSEMENT
UNITED WAY WITHHELD
EQUIPMENT-PURCHASED
RENTAL ASSISTANCE
MEAL REIMBURSEMENT
MILEAGE REIMBURSEMENT
BLDG-ACQUISITION/CONSTR
MEAL REIMBURSEMENT
MILEAGE REIMBURSEMENT
UNIFORM REIMBURSEMENT
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
EE HOSPITALIZATION WITHHELD
UNIFORM REIMBURSEMENT
OTHER FEES
MEALS
MILEAGE REIMBURSEMENT
UNIFORM REIMBURSEMENT
MILEAGE REIMBURSEMENT
MEAL REIMBURSEMENT
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
EQUIPMENT-PURCHASED
PAYMENT FOR RECIPIENT
BOARD OF PRISONER FEES
LIBRARY COLLECTION
LIBRARY MATERIALS DONATED
OFFICE SUPPLIES
FEDERAL WITHHOLDING
MEDICARE WITHHELD
SS WITHHELD
UNIFORM REIMBURSEMENT
FURNITURE-PURCHASED
MILEAGE REIMBURSEMENT
MEAL REIMBURSEMENT TAXABLE

991.00
24.60
83.23
36.98
4,931.00
10,071.00
12,346.95
2,430.90
2,128.02
68.00
54.07
1,778.01
1,972.28
62.52
62.98
10.00
155.15
830.52
11,409.55
10.73
30.62
110.41
42.50
648.00
972.73
44.98
371.50
1,138.50
925.00
30.59
420.51
1,479.67
8.86
37.70
192.96
59.84
66.70
24,004.52
164.99
282.11
104.18
102.95
132.08
134.85
67.95
218.95
76.44
19,057.44
78.00
191.31
2,432.17
152.82
14.94
148,036.16
46,189.14
176,663.74
6.99
1,604.48
52.64
207
43.89

KARSTENS, AMANDA
KATO GLASS INC
KATO ROOFING INC
KEINZ MICHAEL
KFI ENGINEERS PC
KIPLINGER'S PERSONAL FINANCE
KLINGERMAN, GREGORY
KLOOS, AMANDA
KOHN, LISA
KORMENDY CHERI
KRANZ, GRACE
KRATZER, ANDREW
KRATZER, ANDREW
KRAUS-ANDERSON CONSTRUCTION COMPANY
KUNERTH PATRICK S
LAKE CRYSTAL AREA REC CTR INC
LAMBERT, CHERYL
LAND PREPARATIONS LLC
LANDWEHR BRENT M
LANGEVIN, LANI
LARSEN, MARIE
LARSON CONTRACTING CENTRAL LLC
LAWSON PRODUCTS INC
LEAGUE OF MN CITIES INSURANCE TRUST
LENZEN, SHELBY
LIFE INSURANCE COMPANY OF NORTH AMERICA
LIFE INSURANCE COMPANY OF NORTH AMERICA
LIFE INSURANCE COMPANY OF NORTH AMERICA
LIFE INSURANCE COMPANY OF NORTH AMERICA
LINGUAONE INC
LITTLE SAINTS ACADEMY LLC
LITTLE SPROUTS PRESCHOOL & DAYCARE
LOKRE, JESSICA
LOKRE, JESSICA
LOR MAR INC
LOR MAR SUITES
LSC ENVIRONMENTAL PRODUCTS LLC
LYNCH, JERIMIAH
MADISON ENERGY INVESTMENTS LLC
MALONEY, ZACHARY
MANKATO AREA FUNERAL HOMES LLC
MANKATO AREA FUNERAL HOMES LLC
MANKATO BEARING CO INC
MANPOWER INC
MANPOWER INC
MANPOWER INC
MARSOLEK, JOHN
MARSOLEK, JOHN
MARTIN MARIETTA
MAVO SYSTEMS INC
MAYO CLINIC
MCA
MCCANN, HOLLIE
MCDERMOTT, PATRICK
MEADOW RIVERS LLC
MENARDS INC
MENARDS INC
MEYER, ROBERT
MEYER, ROBERT

MILEAGE REIMBURSEMENT
INSURANCE DEDUCTIBLE
EQUIPMENT-REPAIR/MAINT.
RENTAL ASSISTANCE
BLDG-ACQUISITION/CONSTR
LIBRARY COLLECTION
MEAL REIMBURSEMENT TAXABLE
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
WAIVERED SERVICES
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
PAYMENT FOR RECIPIENT
BLDG-ACQUISITION/CONSTR
RENTAL ASSISTANCE
FITNESS CENTER WITHHELD
MILEAGE REIMBURSEMENT
MATERIALS TRANSPORTATION
OTHER FEES
UNIFORM REIMBURSEMENT
MILEAGE REIMBURSEMENT
CONTRACTED SERVICES
OTHER MAINT SUPPLIES SHOP
GENERAL INSURANCE
MILEAGE REIMBURSEMENT
ADDT'L LIFE INS WITHHELD
COBRA LIFE
COUNTY SHARE HEALTH/LIFE
LTD INSURANCE PAYABLE
INTERPRETER FEES
CHILD CARE
CHILD CARE
MEAL REIMBURSEMENT
MILEAGE REIMBURSEMENT
RENTAL ASSISTANCE
RENTAL ASSISTANCE
OTHER FEES
UNIFORM REIMBURSEMENT
SOLAR
MILEAGE REIMBURSEMENT
BURIAL COSTS
MEDICAL EXAMINER FEES
EQUIPMENT-REPAIR/MAINT.
CONTRACTED SERVICES
PAYMENT FOR RECIPIENT
TAXABLE MEALS
MEAL REIMBURSEMENT TAXABLE
MILEAGE REIMBURSEMENT
OTHER MAINT SUPPLIES ROAD
BLDG-ACQUISITION/CONSTR
MEDICAL MEALS
REGISTRATION FEES
MILEAGE REIMBURSEMENT
CELL PHONE ALLOWANCE
TAXABLE
RENTAL ASSISTANCE
EQUIPMENT-REPAIR/MAINT.
OTHER MAINT SUPPLIES SHOP
FEES TAXABLE
MEAL REIMBURSEMENT TAXABLE

40.97
1,350.00
4,896.00
920.00
7,990.00
39.99
46.34
21.75
23.94
158.00
10.73
175.44
13.05
2,901.98
938.00
284.00
149.35
3,040.00
52.06
200.00
267.53
39,112.05
363.86
14,102.00
63.14
6,280.23
19.62
1,535.70
6,508.12
212.50
440.26
297.26
109.39
1,376.78
925.00
1,975.00
23,051.00
95.24
1,626.01
178.64
6,640.00
2,100.00
97.88
351.00
5,841.09
168.59
16.55
166.04
846.82
1,797.50
48.00
39.00
82.64
100.00
6,564.00
107.29
1,391.86
102.75
208
36.32

MEYER, ROBERT
MIDWEST MONITORING & SUR INC
MIDWEST MONITORING & SUR INC
MIDWEST MONITORING & SUR INC
MIDWEST TAPE LLC
MIKE'S LLC
MINNESOTA COUNTIES COMPUTER COOPERATIVE
MN CHILD SUPPORT PAYMENT CNTR
MN CHILD SUPPORT PAYMENT CNTR
MN DNR
MN STATE TREASURER
MNDRIVERSMANUALS.COM
MNPEA
MOHAMED, HUDDA
MORENO SOTELO, ESTEFANY
MOTOROLA SOLUTIONS INC
MSOP-MN SEX OFFENDER PROG-462
MULTI SERVICE TECHNOLOGY SOLUTIONS INC
MULTI SERVICE TECHNOLOGY SOLUTIONS INC
MULTI SERVICE TECHNOLOGY SOLUTIONS INC
MULTI SERVICE TECHNOLOGY SOLUTIONS INC
NATIONWIDE RETIREMENT SOLUTION
NATIONWIDE TRUST COMPANY, FSB
NCPERS GROUP LIFE INS
NCPERS GROUP LIFE INS
NETTLETON, JULIA
NEUDECKER NICOLE
NEUDECKER, SHELBY
NICOLLET PROJECT I LLC
NIPPON SANSO MATHESON INC
NORDLAND, KYLE
NORTHERN AIR CORPORATION
NORTHLAND WATER RESCUE SOLUTIONS LLC
NORTHWEST NATURAL GAS LLC
NOSKA, BROOKE
NOTT COMPANY
NUTRIEN AG SOLUTIONS, INC.
O'REILLY AUTO ENTERPRISES, LLC
OFFICE OF MN IT SERV
OFFICE OF MN IT SERV
OFFICE OF MN IT SERV
OLSON, JOESEF
OLSON, JOESEF
ONE TIME PAY- TAX REFUNDS
ONE TIME PAY-REFUNDS
ONE TIME PAY-REFUNDS
ONE TIME PAY-REFUNDS
OTHOUDT, KELLY
OUR LITTLE WORLD DAYCARE INC
PALM, SHEREE
PEARSON, ELIZABETH
PETERSEN LAURA
PETTERSEN JOHN
PHILLIPS, KYLE
PHILLIPS, KYLE
PIETSCH CONSTRUCTION INC
PIOTTER LUVERNE & IRENE
PONDEROSA OF BLUE EARTH COUNTY
PONDEROSA OF BLUE EARTH COUNTY
PRAIRIE LAKES YOUTH PROG

MILEAGE REIMBURSEMENT
ADULT EHM
DRUG TESTING
JUVENILE EHM
LIBRARY COLLECTION
EQUIPMENT-REPAIR/MAINT.
MAINTENANCE AGREEMENT
MISCELLANEOUS WITHHOLDING
REVENUE COLLECTED/OTHERS
REVENUE COLLECTED/OTHERS
REVENUE COLLECTED/OTHERS
PUBLICATIONS & BROCHURES
UNION DUES WITHHELD
MILEAGE REIMBURSEMENT
MILEAGE REIMBURSEMENT
EQUIPMENT-PURCHASED
STATE HOSPITALS
OFFENDER PROGRAMMING
OFFICE SUPPLIES
PAYMENT FOR RECIPIENT
PROGRAM SUPPLIES
DEFERRED COMP WITHHELD
PEHP CONTRIBUTION
ADDT'L LIFE INS WITHHELD
COUNTY SHARE HEALTH/LIFE
MILEAGE REIMBURSEMENT
MEALS
MILEAGE REIMBURSEMENT
SOLAR
OTHER MAINT SUPPLIES SHOP
MILEAGE REIMBURSEMENT
EQUIPMENT-REPAIR/MAINT.
REGISTRATION FEES
GAS/FUELS - BUILDING
MILEAGE REIMBURSEMENT
EXPENDABLE EQUIPMENT
OTHER MAINT SUPPLIES ROAD
EQUIPMENT-REPAIR/MAINT.
INTERPRETER FEES
MAINTENANCE AGREEMENT
PAYMENT FOR RECIPIENT
MILEAGE REIMBURSEMENT
UNIFORM REIMBURSEMENT
REFUNDS
FEES FOR SERVICES
GUN CARRY PERMITS
REFUNDS
MEAL REIMBURSEMENT TAXABLE
CHILD CARE
MILEAGE REIMBURSEMENT
MEAL REIMBURSEMENT TAXABLE
WAIVERED SERVICES
CON