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06-05-90 CCM
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06-05-90 CCM
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Ms. Mary Kueffner <br />Page 2 <br />g) The budget period extension request was denied because the city <br />fulfilled all the grant requirements before the January 31, 1989, <br />budget period end date. As described in 40 CFR 35.2212, the grantee <br />shall expeditiously initiate and complete the project in accordance <br />with the project schedule. The city initiated operation and <br />completed its one year certification period in accordance with the <br />approved project schedule. The city received MPCA approval on the <br />project performance certification and evaluation report dated <br />December 31, 1988. This satisfied the primary purpose of the grant <br />in accordance with 40 CFR 35.2000. <br />A budget period extension would be necessary for any land, administrative, <br />engineering, or legal costs to be considered grant eligible. <br />2) LAND COSTS <br />As stated in previous correspondence, in accordance with 40 CFR Part 35, <br />Appendix A (a), the Minnesota Pollution Control Agency (MPCA) has the <br />authority to review the just compensation amount and other requested costs <br />to determine grant allowability of the costs based on reasonableness. <br />Allowable costs are defined in 40 CFR 30.200 as "those project costs that <br />are: eligible, reasonable, necessary, and allocable to the project." <br />The Findings of Fact Order and Order For Judgment (District Court, Tenth <br />Judicial District) dated September 20, 1989, identified $70,000 as the <br />just compensation due to Edward T. Gorman (landowner) for Site D. Of the <br />$70,000, $45,000 was to compensate the landowner for the land actually <br />taken and the remaining $25,000 was to compensate the landowner for <br />damages to the remaining property not taken. <br />The city's appraisal prepared by Penfield, Inc. valued the property at <br />$30,000. The landowner's appraisal prepared by Wiley Appraisal, Inc. <br />valued the property at $88,000, The landowner's appraiser reviewed <br />comparative sales. The appraiser believed that the location of a large <br />sewage drainfield adjacent to the remaining parcel was a potential hazard. <br />The location was also recognized as being a market perceived detriment to <br />value. Therefore, he adjusted the comparative sales partially on location <br />next to a large sewage drainfield. The final value was based on sAs <br />of the comparative sales. In accordance with 40 CFR Part 35, Appendix <br />H.2.f., unallowable costs include ". . . damages arising out of the <br />project." Therefore, the $25,000 awarded to the landowner for damages to <br />the remaining property is not allowable. The Minnesota Pollution Control <br />Agency (MPCA) previously approved $49,600 for Site D. Although this <br />amount exceeds the amount of $45,000 awarded by the court to approved as ahe lanowne <br />reasonabler <br />for the land, we consider the $49,600 previously app <br />amount. Therefore, the MPCA's final determination of the just <br />compensation amount eligible for grant assistance as $49,600. This <br />determination would not change even if a budget period extension was <br />granted. <br />
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