1978-01-17 CC Agenda PacketCITY OF MOUN~
Mound, Minn~_~ota
Mound City Council
January 17, 1978
City Hall
7:30 P.M.
CM 78-12
/. ~. Public Hearing - HUD Funds - Year IV Pg. 163-186
CM 78-14 & 15~.,~'.
Meeting with Con~issions - Slide Presentation on Tax Increment
Financing Pg. 162
Tuxedo Easements Pg. 158-161
Information Memorandums/Misc. Pg. 113-157
Committee Reports
LAKE MINNETONKA
P.O. Box 387, Wayzata, Minnesota 55391
BOARD OF MANAGERS:
David H. Cochran, Pres, · FI. Dale Palmatier · Albert L Lehman · James S. Russell · Jean Williams /
January 11, 1977
L
NOTICE OF MEETING OF BOARD OF MANAGERS
Thursday, January 19, 1978
7:30 P. M.
Wayzata City Hall
AGENDA ENCLOSED
.2.00
AGENDA
Minnehaha Creek Watershed District
January 19, 1978
1. Call to order; Present, Absent, Staff
2. Reading and approval of minutes of previous meeting.
Regular meeting of December 15, 1977.
3. Hearing of permit applications:
A. 76-70. E. Nelson, Beachside Development Company,
Multiple dwellings, east side of Lost Lake - Mound.
B. 78-1. D. Owen, 320 South Ferndale Road, Shoreline
rip-rap, Browns Bay of Lake Minnetonka - Wayzata.
C. 78-2. B. Ahr, Avocet Lane, Shoreline rip-rap and
setback variance, Jennings Bay of Lake Minnetonka-
Mound.
D. 78-3. Lake Minnetonka Homes, Inc., Lake setback
variance, Enchanted Island, Lake Minnetonka -
Shorewood.
E. 78-4. J. Lawrence, "Tanglewood", Grading and drainage
plan - Orono.
F. 78-5. N. Ruehl, Polynesian Restaurant on Lake
Minnetonka - Excelsior.
G. 78-6. G. Morrill, Outlot at Division Street and
Third Avenue, Wildlife ponding - Excelsior.
4. Hearing of requests or petitions by public for action
by Watershed District.
A. City of Plymouth request for boundary adjustment
5. Hearing and discussion of matters of general public interest
A. Metropolitan Council Overall Plan Guidelines
6. Reports of Treasurer, Engineer and Attorney:
A. Treasurer's Report - Mr. Russell
B. Engineer's Report - Mr. Holmquist
a. Cooperative Agreement Projects
C. Attorney's Report - Mr. Macomber
193
e
Unfinished Business.
ne
B.
C.
D.
New Business.
Adjournment.
EPA Grant Fund Report
St. Louis Park Floodplain Zoning
Mailing list review
Insurance Program - Minnesota Association of
Watershed Districts
Permit Review and coordination with municipalities
Decen~ber 15, 1977
The meeting was called to order on December 15, 1977 by
Chairman Cochran at 7:30 p.m. at the Wayzata City Hall, Wayzata,
Minnesota.
Managers present: Cochran, Lehman, Palmatier and Williams
Manager absent:
Russell
Also present were board advisors Holmquist and Macomber.
~pproval of Minutes
The minutes of the regular meeting of November 17, 1977,
were reviewed. Following discussion, it was moved by Palmatier,
seconded by Lehman, that on page 5, under the heading "Permit
Procedure Review", the sentence "Upon vote, the motion carried"
be added to the end of the paragraph. Upon vote, the motion
carried.
Carlberg and Lundeen, Grading/Drainage Plan, Dairy Queen Store,
T.H. 12 and CSAH '19 -' Medina;' Application No.' 76-'134
The engineer reviewed a permit issued by the managers
November 29, 1976, approving a grading and drainage plan for the
property. The engineer advised the managers that a retention
pond called for by the approved drainage plan was not constructed
during 1977. The applicant appeared and explained the reasons
for delay in construction of the retention pond. Following dis-
cussion, it was moved by Lehman, seconded by Palmatier, that the
permit be extended through July 1, 1978 with the condition that
the applicant undertake construction of the retention pond at
the earliest practicable date in 1978 and that said construction
be completed by July 1, 1978. Upon vote, the motion carried.
Mildred Thacker, Install Pond Drain to Lafayette Bay, Lake
Minnetonka, Tonka Bay; Application No. 77-144
The engineer reviewed the application to construct an
outlet drain in accordance with a permit previously issued
September 20, 1976 and extended by the district September 19,
1977. The engineer recommended approval of the application
conditioned upon approval by the City of Tonka Bay. Following
discussion it was moved by Lehman, seconded by Palmatier, that
the application be approved as recommended by the engineer.
Upon vote the motion carried.
197
Page Two
December 15, 1977
M. D. Grady, Replace Retaining Wall, Carson Bay, Lake
Minnetonka - Deephaven; Application NO. '77-145
· The engineer reviewed the application of M. D. Grady
to remove an.existing limestone retaining wall and regrade th.~
shoreline to a sloping bank. The engineer advised the manage.~:s
that the data submitted by the applicant did not accurately in-
dicate present elevations, nor the grade of slope as proposed,
and that lacking such data it was not possible to determine
whether the proposal would adequately prevent shoreline erosion.
Following discussion it was moved by Lehman, seconded by Williams,
that the application be approved on the condition that the appli-
cant submit to the engineer for his review and approval a new
profile showing present elevations and the grade of the proposed
slope add that the elevations and proposed grade be approved by
the engineer prior to the commencement of any construction. Upon
vote, the motion carried.
Hennepin County Park Reserve District, Public Access on Zumbra
Lake, Carver Park Reserve - Laketown Township; Application No.
77-146 ' ' ~
The engineer reviewed the application of the Hennepin
County Park Reserve District to construct public access on Zumbra
Lake and recommended approval of the application as submitted.
Following discussion it was moved by Palmatier, seconded by
Lehman, that the application be approved as recommended by the
engineer. Upon vote, the motion carried.
Hennepin County Department of Transportation, Project 7515,
Improve Intersection CSAH 73 and 16 - Minnetonka; Application
No. '77-147
The engineer reviewed the application of the Hennepin
County Department of Transportation to replace a culvert under
County State Aid Highway 73 in connection with roadway improve-
ments. The engineer recommended approval of the application as
submitted. Following discussion it was moved by Palmatier,
seconded by Lehman, that the application be approved as recom-
mended by the engineer.
City of Plymouth Request to Adjust District Boundary
The managers reviewed the request from James Willis,
Plymouth City Manager, to adjust a portion of the Watershed
District boundary within Shiloh 2nd Addition within the City
of Plymouth. The attorney reviewed the applicable procedure,
whereby the district is required to petition the Minnesota
Water Resources Boar~ to amend the boundary. Following dis-
cussion it was moved by Lehman, seconded by Williams, that
the attorney prepare a proposed resolution and petition to
amend the boundary to the Water Resources Board for review
by the managers at the next regular meeting. Upon vote, the
motion carried.
! 9 0
Page 3
December : ~ .... ~
CitY of St. Louis Park Floodplain Zoning Ordinance
The managers reviewed a memorandum from -khe a~torney
and the engineer summarizing modifications made by a r,~c~nt
amendment to the St. Louis Park Floodplain Zoning O):dinance.
The managers requested that the engineer and the attorney ad-
vise the managers at the next regular meeting regarding what
procedures should be followed to adopt recently revised flood-
plain maps prepared by the United States Geological Survey and
directed that further consideration Of the memorandum be defer-
red until the next regular meeting of the managers.
Communication from Prior Lake - Spring L. ake Watershed District
. ....T~..e mana~ers, rev~iewed the memorandum from prior Lake-
Spring Lake Watershed District requesting a copy of the district's
rules and regulations. The engineer was directed to respond to the
inquiry and to provide a copy of the watershed district's regula-
tions to the Prior Lake-Spring Lake Watershed District.
Treasurer's Report
President Cochran distributed the treasurer's monthly
fund report dated December 15, 1977, a copy of which is attached
hereto. Following discussion it was moved by Palmatier, seconded
by Lehman, that the report be approved subect to the following
modification of page 1 of 4 of said report: That the statement for
services rendered from the district's engineers and the district's
attorney dated December, 1977, be shown as accounts payable at
December 15, 1977, and that the amounts shown on page 1 of 4 be
reduced by the amount of the Decc~er bills from the engineer and
the attorney. Upon vote, the motion carried.
Robert J. Lapic and James Nolan of Robert J. Lapic Co.
appeared before the managers to respond to certain inquiries made
by the managers with respect to the form of the financial report.
The managers expressed a desire to add a column to page 2 of 4
of the monthly report in order to. show actual tax receipts to date.
Mr. Lapic'indicated that this modification Will be made in future
statements.
The president then distributed the treasurer's monthly
EPA Grant Fund Report dated December 31, 1977, a copy of which
is attached hereto. Following discussion it was moved by Lehman,
seconded by Palmatier, that the report be approved and the bills
paid as set forth in that report. Upon vote, the motion carried.
The engineer and the accountant advised the managers
that a summary of the present status of the EPA Project fund
was being prepared for review by the managers pursuant to the
direction of the managers at the November 17, 1977 meeting.
Page Four
December 15, 13.;7
Cooperative A~reement' Projects
· ~,~ John Gross of the Creekside chapter of the ~
League~ of America appeared before the managers regarcti~-~:3
posed headwaters control structure management policy
the managers on November 17, 1977. Mr. Gross stated that his
group objected to what he considered the apparent lack of a
policy goal with respect to certain areas of the proposed manage-
ment policy. Mr. Gross stated that it was not clear from the
proposed management policy, whether during the spring and summer
months, an effort would be made to keep the lake level ~oward
the higher elevation, with possibly lower creek flows, or whether
an effort would be' made to maintain creek flows with possibly
lower'-lake elevations. The .managers.. requested that Mr..-.Gross
submit his comments in writing to the district for further
consideration. The managers also indicated that a joint hear-
ing will be held early in 1978 with the Department of Natural
Resources regarding the proposed headwaters control structure
and the proposed management policy. The managers encouraged
Mr. Gross to participate in the upcoming public hearing.
Mr. Gross further offered the assistance of the Creek-
side chapter to the district in moving the projects along to a
prompt conclusion. The managers thanked Mr. Gross for his com-
ments and his offer of assistance.
The attorney advised the managers that the Hennepin
County Board of Commissioners, on November 29, 1977, adopted
resolution #77-11-1155 adopting a position paper on the pro-
posed headwaters control structure dated October 20, 1977.
A copy of the resolution is attached hereto.
The managers'noted that the proposed management policy
adopted by the board of managers on November 17, 1977 had been
distributed to all of the petitioning municipalities, all of the
municipalities on the lake, and to public officials and interest-
ed citizens.
Pursuant to the direction of the managers at the last
regular meeting, the engineer reviewed a draft amendment to the
preliminary engineering report previously prepared in August,
1974. The engineer advised the managers that the amendment
evaluates the feasibility and practicality of use of alternate
site III (Gray's Bay dam site) for the.headwaters control struc-
ture and provides a current engineering proposal and. preliminary
cost estimates for the structure at that site. The engineer
also advised the managers that the amendment to the preliminary
engineering report describes minor revisions made in projects 2,
4 and 5 requested by the affected municipalities and provides
current cost estimates for all presently proposed projects.
Following extensive discussion and modifications to the
draft, it was moved by Palmatier, seconded by Lehman, that the
amendment to the preliminary engineering report dated December,
Page Five
December 15, 1977
1977, as amended by the managers, be ~dopted ~,nd approved by the
managers and be .made a part of the preliminary engineering .: ~port
on the creek"improvement projects; further, that the preli~L~. :.ary.
engineering 'report, as adopted, be transmitted as required
law to ~the Department of Natural Resources, Division of Wate. rs,
and the Minnesota Water Resources Board for their reports pur-
suant to Minn.' Stat. ~112.48, subd. 3. Upon vote, the motion
carried.
The attorney advised the managers that the attorneY for
the Department of Natural Resources had forwarded a proposed
notice of hearing to the attorney for the district for review
and comment, .and that the district's attorney had submitted com-
ments'and revisions to,the DNR~attorneys. The~attorney-fu~her - '
advised the managers that the DNR wishes to schedule the hearing
for early February, 1978, in order to allow the Department ade-
quate time to review the district's preliminary engineering
report and prepare its report prior to the hearing. The attorney
also advised the managers that the Corps of Engineers had been
advised of the present status of the project and that' the Corps
of Engineers had expressed a desire to participate jointly with
the DNR in connection with the hearing. The attorney advised
the managers that the DNR will coordinate with the Corps of Engi-
neers as to Corps activity.
President Cochran reported that he, Manager Lehman and
the district's engineer had appeared before a meeting of. the Lake
Minnetonka Conservation District to review the proposed headwaters
control structure policy statement dated November 17, 1977.
The managers directed the attorney to confirm with the
DNR the date of the hearing, to work with the DNR in preparation
of a joint notice of hearing and to take such other steps as are
required preparatory to the hearing. The managers also directed
the engineer and the attorney to commence preparation of such
documents, testimony and exhibits as will be required for use at
the hearing and directed that a working session be held to review
drafts of such documents early in January, 1978.
Minnehaha Creek Obstructions
Jim Ennenga of the Creekside chapter of the Izaac Walton
League of America appeared before the managers and requested the
district's assistance with respect to removal of certain obstruc-
tions in the bed of Minnehaha Creek within St. Louis Park. Mr.
Ennenga reviewed his report which had been submitted to the mayor
of the City of St. Louis Park. The managers directed the engineer
to prepare a letter to the city indicating that the district would
look favorably upon a request to use a portion of the 1978 Water
Maintenance an~ Repair Fund monies for creek obstruction removal
in St. Louis Park.
Page Six
December 15, 1977
Hennepin County Sanitary Landfill Sit~ Candidates
The engineer reported that he had received a document
from Hennepin County identifying numerous candidate Sites for a
proposed Hennepin County ~'~anitary landfill. The engineer
advised the managers that one of the candidate sites identified
was partly within the watershed district on its northerly boun-
dary, adjacent to the Morris T. Baker Park Reserve within the
City of Medina.
Water Level Recorders
The engineers reviewed the memorandum of the engineer
dated December 7, 1977 indicating a problem with vandalism of the
district's water level recorders. The engineer recommended place-
ment of signs, to be placed adjacent to the recorder boxes to
indicate the contents of the box in order to discourage vandalism.
Following discussion it was moved by Lehman, seconded by Palmatier.
that the engineer be authorized to order identifying signs as
described in the memorandum.
Department of Water Resources Proposed Rules
The attorney advised the managers that he had received a
copy of the report of the hearing examiner regarding proposed
Department of Natural Resources rules governing permits to change
the course, current or cross-section of public waters. The attor-
ney stated that a memorandum would be forthcoming summarizing the
modifications made and forwarding a copy of the examiner's report
to the managers.
Corps of. Engineers Litigation
The attorney reported that Judge Alsop, on November 23,
1977, had requested that the parties advise him of their position
with respect to certain issues raised by recently promulgated
regulations of the Corps of Engineers. The attorney indicated
that a response was prepared and submitted to the federal dis-
trict court on December 5, 1977.
Agenda Format
The managers reviewed the present form of meeting agenda
and noted that the present format provides space for note-taking
on the agenda copy itself. The managers were of the opinion that
this aspect of the agenda was unnecessary, in that interested par-
ties could take notes separately from the agenda and that eliminat-
ing this element would reduce the number of pages required for
distribution to interested persons. The managers directed that
future agendas be prepared without the space for taking of notes.
Page Seven
December 15, 1977
Adjournment
There being no further business to come before the
meeting, Chairman Cochran declared the meeting adjourned at
12:50 a.m.
Respectfully submitted,
.~ H. Dale Palmatier, Secretary_
Telephone 473-7357
January 4, 1978
CITY of ORONO
Post Office Box 66 * Crystal Bay, Minnesota 55323 · Municipal Of ,~es
On the North Shore of Lake Minnetonka
V? -
Citizens of the City of Orono
Subject: Proposed Ring Route Segment
Dear Citizens:
At the direction of the City Council, the City Staff has set a
third public hearing for January 23, 1978 at 7:30 P.M. in the
City Council Chambers to receive citizen input on the proposed
planning and possible construction of a segment of the ring route.
The construction of this ring route segment would be the first
step in reducing the impact of traffic with its inherent polluting
effects upon the County Road No. 15 scenic parkway corridor and
Lake Minnetonka between Navarre and Wayzata.
The proposed segment of the ring route under consideration at this
time is a connecting link between the intersection of County
Roads No. 19 and No. 84 and the intersection of County Road No. 6
and Watertown Road. This new roadway segment of approximately
9/10 of a mile is proposed to be constructed under the Municipal
State Aid program utilizing State funds allocated to the City for
rOadway construction and upgrading.
As proposed, the construction of this ring route segment would
necessitate the acquisition of private lands but would not require
the removal of any existing residences. A sketch of the location
of the proposed right-of-way is on file with the City Administrator
and will be available for review at the City offices and at the
public hearing on January 23, 1978. The attendance of all interested
parties is encouraged.
Sincerely,
CITY OF ORONO
WRB/as
NOTICE OF PUBLIC ttEARING
NOTICE is hereby given that the Orono City Council will
hold a third public hearing in the City Council Chambers on Monday,
January 23, 1978 at 7:30 P.M. to receive citizen input on the
proposed route which is being considered at this time for a connecting
link between the intersection of County Roads No. 19 and No. 84 and
the intersection of County Road No. 6 and Watertown Road.
All persons wishing to be heard will appear at this time.
Dated: January 4, 1978
CITY OF ORONO
BY:~~ Council '
/$/' Waltei~_~./~.e'n-~n ~
City ~inistra~or
~ &si J.
CITY OF MOUND
Mound, Minnesota
January 13, 1978
COUNCIL MEMORANDUM NO. 78-12
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
HUD Funds - Year IV - Public Hearing
The Park Commission has had a public hearing and a discussion meeting on
suggestions to spend the estimated $100,000 th~ City should receive for
Year IV HUD Funds.
The Council Public Hearing is scheduled for January 17th.
The Park Commission recommendations for expenditures are listed below and
also appear in the Park Commission minutes of January 5, 1978:
Note:
x Housing Rehabilitation
x Island Park Hall
Completion Island Park
* Community Center Addition
x Community Center Ramp
* Development of Avalon Park
x Planning & Administration
x Clearing lots for elderly
* Day Care Program (Copy of request
attached)
$50,000.
10,000.
5,000.
10,000.
1,000.
10,000.
15,000.
2,000.
20,000.
Possibly the Community Center addition and the Day.Care Program will
not qualify for funding.
Qualifications for Funds: The HUD rules seemingly become more restrictive
each year. Now only 25% can be spent on other than Housing, Elderly or Handi-
capped unless it is justified that the funds are going to a low income area.
Low Income Areas - In order to determine if the Island Park and Three
Points areas qualify for low income area expenditures, the County sug-
gested a questionnaire be mailed to residents. A copy of the question-
naire sent each area is attached. Hopefully the answers will be back
by the meeting of the 17th. The County developed the questionnaire which
was distributed by the City.
Eligible Projects - Eligible projects are set out in Federal Regulations
570.201. After the original Park Commission hearing, the Hennepin County
representative, in a letter dated December 16, outlined his feeling on
the Day Care request and from his view point, expenditures for bike hike
paths will be difficult to prove under the HUD 51% rule (That is that
the facility will be used 51% by the poor, etc.). A copy of the Federal
COUNCIL MEMORANDUM NO. 78-12
HUD Funds - Year IV - Public Hearing
January 13, 1978 - Page 2
Register is included should the Council be interested.
Prior Years' Funds: Attached is an outline of prior years' funds
still unexpended which shows there is still $29,796.00 available
for Island Park and $32,000 for Three Points.
Expenditure of these funds await d~finite plans to be recommended
by the Park Commission.
Leonard L. Kopp ~ fP/:~
Minutes of
MOUND ADVISORY PARK COMMISSION
January 5, ]978
PRmSENT.
Chairman }{al Larson, Cathy Bailey, Jon Lynott, Toni Case,
Pat Shay, Ed Hasek, Council Rep. Ben Withhart, City Planner
Don Levens, Public Works Dir. Bob Minor, Sec. Karene Uhe
AUDIENCE: Pat Maltz, ~eston~a School-age Day Care
Eugene Hodge, Mound Westonka Hist'orical Society
HUD PUBLIC HEARING
There was considerable discussion of the proposed 25%/?5% HUD ruling
as described in ~2/]6/?? letter from James Ford. E. Ho~dge presented
' a request for HUD funding of addition to community center for the
Historical Society.
**Bailey moved to submit the following revised proposed list of HUD
Year IV expenditures to City Council:
x Housing Rehabilitation $50,000
x Island Park Hall ]0,000
Completion of I.P. Park 5,000
~ Community Center addition ~O,OOO
x Community Center ramp ~,000
~ Development of Avalon Park 10,O00
x Planning and Administration 1~,OOO
x Clearing of lots for elderly ~,000
~ Day care program '20~OOO
x Item exempt from 25%/75% ruling
* Item possibly will not qualify for HUD funding
Lynott seconded and vote was unanimous.
**Bailey moved that Ben ~ithhart ask park planners who would be inter-
ested in drawing up plans for Island Park and Three Points Park to
attend the next Park meeting on Jan. ~9,~978.
Case seconded and vote was unanimous.
**Larson moved to recommend that winter dockage or storage not be
allowed on Highland Park lake access because of the sliding during
the winter do~m the ~ill to the lake.
Hasek seconded and vote ~as unanimous.
The remainder of the evening ?;as spent on Committee meetings.
'i 8 4
January ~, 1978
The Mound Weston~.ra Historical Society wishes to propose the construction
of a two-level area addtion to the south end of the con~nity center,
This will include an il-course basement ~rea, 24' by 2~i' and an above ground
area, 24' x 2~~ bo be co~structed beneath the roof area at the south end of
the existing structure.
An approximate estimate for this construction would be about $10,000.00.
We ~...oula like to apply fcr this £rom the ~UJD funds designated for Museums.
Respect~tlly submitted,
Eugene H. Hodge
President
53-1.1 MAYWOOO ROAD
MOUND, MINNESOTA 5.5364
Dear Resident:
January 11, 1978
TELEPHONE
(6,]2) 472-115.5
The City of Mound, in cooperation with 36 other Hennepin County Communities,
is applying for tlUD Community Development Block Grant Program funding assist-
ance. Under the new regulations for the Program a number of projects are
eligible if and only if the majority of nearby residents live in households
with gross, combined household incomes of $15,520 or less.
The City is considering the following projects which will require ~ocumenta-
tion of area residents income. To assist the City, you are requested to com-
plete the attached survey and return it to the City Hall by January 16, 1978.
Unless a high'percentage response is received from this survey the City may
be unable to receive any funding assistance. 'Therefore, your early completion
and return of this survey form is essential.
CHILD CARE PROGRAM: To proVid~'~ina~ci~l" assistance to low income families nee~--
lng child care while the parents are at work or in training. The program assists
parents in achieving self-support by helping with child care costs. A greater
share of the child care costs are paid when the family's income is lower and that
share decreases as income increases.
COMPLETIOH OF ISLAND PARK: To upgrade and fully utilize the park recreational area
through improved drainage, physical design, installation of lighting, play equip-
ment and surface restoration.
DEVELOPMENT OF AVALON PARK: To improve and beautify the area on Phelps Island as
a community space for swimming and plcnicing. ~
The information being sought is only for purposes of'determi, ning the eligibility
of certain neighborhoods within the City for project funding. The City neither
needs nor desires to be able to trace these responses to particular households;
we only need this information for your neighborhood as a whole.
If you have any questions regarding this survey, please codtact Don Levens at
City Hall, telephone 472-1155 between 8:09 A.M. and 4:30 P.M.
Detach and return this portion of survey:
1.
Was the combined gross annual income of all wage earners in your household
in the last year, above or below $15,520.007
Above Be 1 ow
. ...................... ,-1.,
6 --" -------'-"-"'---"
INDIAN BURIAL MOUND~
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
Dear Resident:
TELEPHONE
January 11, 1978
The City of Mound, in cooperation with 36 other Hennepin County Communities,
is applying for tIUD Community Development Block Grant Program funding assist-
ance. Under the new regulations for the Program a number of projects are
eligible if and only if the majority of nearby residents live in households
with gross, combined household incomes of $15,520 or less.
The City is considering the following projects which will require documenta-
tion of area residents income. To assist the City, you are requested to com-
plete the attached survey and return it to the City Hall by January 16, 1978.
Unless a high percentage response is received from this survey the City may
be unable to receive any funding assistance. Therefore, your early completion
and return of this survey form is essential.
CHILD CARE PROGRAM: To provide financial assistance to low income families need-
ing child care while the parents are at work or in training. The program assists
parents in achieving se?f-support by helping with child care costs. A greater
share of the child care costs are paid when the family's income is lower and that
'Share decreases as income increases.
The information being sought is only for purposes of determining the eliglbility
of certain neighborhoods within the City for project funding. The City neither
needs nor desires to be able to trace these responses to particular households;
we only need this information for you~ neighborhood as a whole, o,
· If you have any questions regarding this survey, please contact Don Levens at
City Hall, telephone 472-1155 between 8:09 A.M. and 4:30 P.M.
Detach and return this portion of survey:
1. Was the combined gross annual income of all wage earners in your household
in the last year, above or below ~15,520.007 ~
Above Be 1 ow
2. How many persons presently live in your household?
Management Services
2309 Governmen~nter, Minneapolis, MN 55487
HE NNE PIN COUNTY
16 December 1977
Mr. Donald Levens
City of Mound
5341Maywood
Mound, Minnesota
55364
Dear Mr. Levens:
With regard to various questions which arose at Mound's 15 December 1977
Community Development Block Grant Public Hearing, further research pro-
vides somewhat different, and even more complicated explanations than were
given at that time. Although HUD staff will not provide an official
determination regarding individual projects until their actual review of
the Urban County application, the following information is based upon their
tentative determinations to date.
Day Care/Financial Assistance:
The proposed regulations (25 October 1977) do'provide for the funding
of.public service projects (i.e. child care) if that service meets a
number of special criteria. These criteria are found in 570.201 (e)
(1-5), which was contained in yoUr handout material. In summary such
services can only be provided to residents of a designated "comprehen-
sive neighborhood revitalization area" - a designated geographical area
meeting the 51% rule (see 570.301(a)) - in which other block grant
assisted physical development activities are being carried out in a
concentrated manner. Such services can be assisted only in those '
instances where "two-thirds of those persons receiving the public service
are residents of the comprehensive neighborhood revitalization area."
The service in question must be either a (i) new service, or (ii) a
quantifiable increase in the level of a service. Also, federal assis-
tance in providing or securing such public service (from some other
federal program source) must have been applied for and denied or not
made available (see 570.607). And finally, the public service must
be determined by the applicant "to be necessary or appropriate.to support
the physical development activities to be carried out within comprehen-
sive neighborhood revitalization areas."
It is readily apparent that meeting this combination of criteria,
although not necessarily impossible, would be extremely difficult. It
should be noted incidently that other local Community Development appli-
cants who have included such a project in their Year IV Program were
able to do so under the prior, and less restrictive, regulations. Des-
pite these complications, Urban County staff would be most willing to
offer any assistance we can should the City wish to pursue this project.
Hennepin County is an Affirmative Action Employer
Mr. Donald Levens
'16 D~cember 1977
Page Two
w
75%/25% Rule:
As indiCated, planning, handicapped access and housing rehabilita-
tion (by virtue of. income eligibility) projects are automatically
exempt from the 51% rule. Other projects must be located in a
geographic area where 51% or more of all household incomes are
below $15,520, with'the exception of certain projects for which
the project cost does not exceed 25% of the total grant amount.
Please refer to 570.302(c)(1-5) of the proposed regulations. You
should note that these project exceptions are quite limited and do
not automatically allow park projects, etc. as may have been
interpreted from my comments. Note specifically that the costs of
administration and planning may be excluded from the computation
of the amount of funds which benefit low and moderate-income persons
(the base amount in determining the 75%/25% split).
Bike/hike paths: f
HUD staff has indicated that transportation projects will be eligible
if, and only, it can be assured that principally benefiting users
will be low and moderate income. It would be possible, for example,
to improve a deadend road in a 51% area, but not a major arterial
going through such an area. It would appear that justifying a bike/
hike path may prove very difficult pursuant to the above criteria.
As is becoming obvious the proposed regulations severely restrict
the programming options available to any community. It is recommended
that you give early attention to demographic research so as to
determine whether and which areas within the City qualify under the
51% rule.
If you require further clarification of these regulations or other assistance
please feel free to contact me (348-7473.), Larry Blackstad (3~8-5859) or
Hendrickson (348-7695).
cc: Patricia Maltz
Management Services '
2309 Governmen
Minneapolis, MN 55487
HONNePIN COUNTY
6 December 1977
Mr. Don Levens
City of Mound
5341Maywood Road
Mound, Minnesota
55364
Re: Proposed Year 4/FYi9 - Community Development
Regulations
Dear Don:
As presently proposed, the CD Regulations require that 75% of the
grant amount must be used to benefit neighborhoods service areas in
which at least 51% of population resides in households with a gross
income of less than $15,520. Related to housing rehabilitation ac-
tivities this requirement is being interpreted to mean that only these
households incomes of less than $15,520 are eligible to receive as-
sistance.
The regulations do not prescribe any specific percentage of the grant
amount which must expend on rehabilitation or other housing related
activities.
If there are any additional questions please contact me at 348-5859.
/// /~L.arr~ B1 ackstad
vc_~nner
Hennepin County is an Affirmative Action Employer
ON LAKE IvlINNIETONKA INDIAN BURIAL MOUNDg
5341 MAYWOOD ROAD TELEPHONE
MOUND, MINNESOTA55364 December 29, 1977 (6z2) 472-~ss
TO: Leonard L. Kopp, City Man~ge~
FROM: Don Levens, City Planner ~,;;-'~'--J
SUBJECT: Financial Status - Community Development Program
Years I, II and III
Year Total Budget Balance
Year I
Doon Park $16,302.00 $808.00
Bikeway/Walkway System $8,099.00 $198.00
Planning & Management $1,750.00 none
Year II
Island Park $41,769.00 $12,796.00
Bikeway/Walkway System *
· Transferred to Rehabilitation Grant Program
$12,000.00
Year II I
Island Park
$17,000.00
Three Points Park $32,000.00
Bikeway/Walkway System $13,300.00
$12,000.00
$17,000.OO
$32,000.00
$13,300.00
ON LAKE MINNEL'TONKA INDIAN BURIA1 MOUNDlll
534]. MAYWOOD ROAD TELEPHONE
MOUND, MINNESOTA 55364 (6].2) 472-1't55
January 5, 1978
TO:
FROM:
SUBJECT:
The Park Commission
The City Manager
HUD Funds
In your determination in recommending the spending of Year IV HUD Funds,
the following is for your consideration:
Fund left from prior years:
For Island Park - Park Year II
Year III
$12,796.00
17,000.00
$29,796.00
For Three Points Park Year II
Year III
None
$32,000.00
Attached are copies of letters from the Public Works Director estimating
that there remains $26,000 in work on Island Park Park and $20,000 on
Three Points Park.
Also attached from the Public Works Director is a letter regarding the
buildings in the Three Points Park.
..... 3WL.~bnard L. Ko~p??-
ON LAKE MINNETONKA INDIAN BURIAL MOUNDS
5341 MAYWOOD ROAD TELEPHONE
MOUND, MINNESOTA 55364 (612) 472-1155
Becember 27, 1977
TO:
FROM:
SUBJECT:
Mr. Kopp
Public Works Director
Parks Cost Estimate
As requested the following are estimated costs for the completion of Three
Points Park, less storm system, and Island Park Rec. area.
I. P. Rec. Area
This Park still needs fill, grading, sod, seed, basketball m~t, R & R equipment,
perimeter Dost and mica. work, the estimated cost for labor and materials is,
$96,000.00
Three Points Park
This park also needs fill, grading, sod, seed, R & R equipment, some perimeter
posts and misc. work, the estimated cost for labor and materials is, $20,000.00.
R~spectfully,
Public Works Director
RAM/jcn
175
ON LAKE MINNE~I'ONKA INDIAN BURIAL. MOUND''~
534~ MAYWOOD ROAD TELEPHONE
MOUND, MINNESOTA 55364 (612) 472-1155
January 5, 1978
TO:
FROM:
SUBJECT:
Mr. Kopp
Public Works Director
Three Points Park
The proposed upgrading plan for Three Points Park calls for filling the surface
area to approximately three feet. This will remove the feSlin§ that the play
area is a hole in the ground and also increase the flat area of the park ten
to fifteen percent.
This will also put the raised tennis court to the approximate level as the
total area that is presently used for recreation. The request at this time
is to ask for input from Council and Park Co~mission as to the removal of the
concrete block building oh'.the north end of the park. This buildin9 will have
to be removed in order to fill the Park as proposed.
The Public Works Department. has no use for this building~ at one time it was
suggested it be used as a warmin9 house for winter recreation activities. There
is a wooden building located in the park that can be used for the same purpose
as the block buildin§~ should permission be 9ranted to remove the block building.
The block buildins has not been used for some years and does not have any
utilities to it.
Respectfully,
'n'Jb er t 'fli net --'
Public Works Director
FOR CO['~IUNITY DEVELOPMENT FUNDS
PURPOSE
To provide financial assistance to those Iow income families needing child
care while the parents are at work or in training. This program assists
parents in achieving self-support in a positive way byhelping with child care
costs. A greater share of the child care costs are paid when the family's
income is lower and that share decreases as income increases:
II. ELIGIBILITY
III.
IV.
V.
VI.
VII.
A. Resident of City of Mound.
B. Working atleast 35 hours per week or attending schoolfull time.
C. Income requirements minimum of 60 % of Minnesota's.medium income
and the maximum of 90% ofMgnnesota's medium income.
D. Utilize a licensed day care program for child care.
NLP;£ER OF CHILDREN TO BE SERVED
18 minimum - 31 mmximmm
AMOUh~ OF REQUEST
$20,000.00
AMOUNT OF MO~SY GEBrERATED
$14,720.00
INCOME REQUIP~ENTS
· Family of ~o
Family of Three
Fa~mily of Four
Family of Five
Family of Six
Family of Seven
Family of Eight
Family of Nine
$6,763 - 11,272
8,503 - 1~,172
10,123 - 15,184
11,742 - 19,570
13,362 - 22,270
13,666 - 22,777
13,696 - 22,827
14,273 - 23,788
~MOUNT OF SIIBSIDY
When the family is above 60% but at or below 70 % of the State's medium income
the parents pay 25% of the child~ care and the program subsidizes 75% of the cost.
~',hen the fanily is between 71% and 80% of the State's medium income the
parents pay 50 % and the program subsidizes 50% of the cost.
When the family is between 81% and 90% of the State's medimm income the parents
pay 75% of the child care costs and the program subsidizes 25% of the cost.
173
Page 2
Requsst
Of the $20,000 requested, the first $12,000 is to be used in the 60 - 70%
catagory, the next $6000 is to be allocated to the 70-80% catagory and the
remaining 42000 is allocated to 'the 80-90% catagory.
VIII.
AVERAGE CHILD CARE COSTS
Family Day Care $6.50 per child per day
Cares for children 6 weeks to 12 years in the providers
own home. Maximum nmmber of children is either 5 or lC.
Mound has 9 licensed providers.
Group Day Care $7.30 per child per day
Group setting for 2-~-to 6 yr olds. Local source is
Shoreline Child Development Center.
$1638 per yr.
$1840 per yr.
School Age Day Care $3.50 per child per school day
6.00 per child per full day
Group setting for children ages 6 to 12 years. Local source
is Westonka School Age Day Care Program.
$1082 per yr
IX. ADMINISTRATION
a. Done by the City - Programs refer client for enrollment in the program.
b. Verification of income by check stubb. Verification of training by letter
from school.
c. Parents pay their portion directly to provider. City pays their portion
following monthly.billing.
Patricia ~ltz
Executive Director
Quality Child Care, Inc.
6037 Hawthorne Road
Mound MN 55364
472-1997
~';~ 570., ~ Objective ~ci ptwpo,le o~ pr~ram, Subpmrt J--Gr~nt Administration
· "~ 570.3 Dc/lnltlov-~, 570.500 Dc~lg"-~tlor, o~ public agency, prevention or
STO.% %VaAver~. .
$70.501 Gr~n=
570.J~ ~cne~[. b~O.~ ~trlcCto~s O~ fund com~t~en[
570.101 ~oc~tto~ Be~een ~e~opo~ and
~d ~o~e~opoE~ ~e~. 570.505 ~c~ m~n~eme~t
570.102 B~tc ~: ~mo~ 570.5~ ~o~ ~.
570.103 Ilold-h~e~ gr~. 570.~7 ~emen: st~d~ds.
570.1~ ~ for d~cr~tion~ g~. 570.50~ ~n~g ~d
530.105 q~tion ~ ~ban co~ty. 570.5~ Au~.
3~0.I06 Qu~cattou & ~b~tou date~. 5~0.510 ~ntion of r~or~,
570.107 Re~llo~tlon of f~. 570.511 ~ a~inM~attv~ se~lc~ for
570.108 O~3e: ~ entlMem~t, h~ll~ttou loans and
5~3.~00
570.203
570.304
570.305
Oeue rs~t policies.
I~aalc eligible act;vittel.
EUgtblo reh~bLLit~tlcu~ aJ3d pr~-
e~Mou ~tivitt~.
~gtble ~o~a d~velop~e~ ~-
~t~ble ~ttvttt~ by priva~ non-
p~ entities, loc~[ development
co~tto~, or small bus~
~ ~ne~t to low~ and moder-
Co~=y ~velopme~
570~06
570.3eL
570.302
5%'0.305
5~0.306
570,402
570.40 8
570.407
~i70.5L3 Db~-o~lonary ~re.~C clo~out~.
Subped K~her ~&ram ~equlmmen~
570.600 Ll~l~tto~ on lo~l option activ-
i~ ~d contingency acc~.
570.601 Non~lna~iou.
570.~ ~l~[iou ~ acqu~itlon.
570.603
570.t~ ~c pm~tiou.
570.605 ~or
570.606 ~chitec~ Ba~iers Act of 1968.
570.6~ A~ties for w~ch other Federal
Juu~ mu9: be sough~.
5~.608 Ha~h A~.
570.609 NaU~I ~ood ~an~ ~o~.
530.610, Clan A~ A~ ~d Federal ~ter
bllu~lou Cou~l A~.
~70.612 ~d-B~ed
. lion Act.
570.612 Activities couduc~ed by
~ti~l~, ~BZC'~, and lo~ develop-
ment c0~o~Clo~
570.6i3 D~}5on
9uhpad L~Rese~zd]
Cc:r~d3c;~t-to~. 670.700 Eligible applicants.
'~.min~r of ~pplic~tion ~,lhmt_~ion. , 5';0.70L Appllmm~on requirements.
570.702 Gusto, arced loa~ amount.
Ur~enl; nee~'-~ fund.~
Oener~l purpo6e funds for m'etro-
poHtan and monme~'roplitan are~,
lqe-w com.n~-unlt le-J.
Aremw~do program.~
Oun.,,'.'.'.'.'.'.'.~ tho VLrEL~ ]L~lo. nd~.
can ~o~, ~ the Tru~ Tm'ri-
tory of t~e
~n=o~ttTe pro~ec~.
F~er~ly recked
Strbpart F--Sm~ll Clt/~-s'Program
$obp*~ ~an Develops*at Action Gran~
570.452. ~i~le appll~n~.
5~.4~ Eligible ac~t~tles.
570.4 ~ Applicator.
5~0.455 ~erl~ for
570.%56 ~D r~le~ ~ ~on on ~ppH-
~tto~q.
5~AaT Post-apptov~ requMcmen~
5?0Aai ~m amendment.
5~0.~0 Allocation to no~metr~olit~
cities.
570.5~ Ap~l~b~lty
tio~
570.703 Federal ~uarautee.
570/;04 ]~I~rketing of no~s and
570.~5 ~n~ for ~ablo oblf~flo~
570~ Genii.
8~0.~5 ~po~ to be eu~itted by
clpleuts.
570.906 A~u~ p~nc~ ~po~.
fecund.
570.911 ~eduction of an~
570.9~ Nond~cr~ation ~mpliance.
570~1~ Other rem~tes f~ noncompliance.
~. Subpa~s C; EB~ible Actl~ttes. and
~d ~ renews:
Subpa~ C--Eligible A~ivit~es ·
~ 570.2~ Genial poll,s.
subpa~ se~ fo~h ~e va~c~ Of eH~ble
~Ses that may ~ ~d~n wl~h
blight. The enumeration of cert,3.in eligi-
ble types of :~ckl',-it,,ies in thL~ s-u~pa~rt
does not by lt. salf, however, rcnde~ s~e-
cL~c activities, proposed to be conducted
by tndividun/ applica_~ta, eil~ible for
assistance under th~ Part. There are
other requirements that mtmt ~Iso be
me[ to quMifb, :~ specific o~tlv/ty for
siatazme. An ,%ctlvity may be assisted
only in those lnstxnc~ where t~ corn-
pres with M1 other applicable requL-e-
meats of this Part0 and the basic statu-
tory objective5 of the block gr~,n~ pro-
gms. In 9arttcular, activities conducted
by entitlement recipient,% mua~; comply
with the requirements set forth in
.~ 5"/0.302 reg~xdtng behest, to low- and
moderate-income persor~ or elimination
0f slums and blight, and dl~cretlonary
recipients must comply with sim, ilar re-
quirements set forth in Suhpar~ F. Fur-
[her. there musg be compliance with all
applicable environment3-1 review and
clearance procedures se~ forth in 21 CF~
Part 58.
(b) Urban Development actiom grants.
Grant ac-alstance may be provided with
Urban Development Action Grants pure
suan~ to Subpart G for:
(1) Activities elig4ble for as.~tance
pursuant to th~ Subpa~c; end
(2) Such other activites va the Sec-
retary may determine to be consia:en~
x~-ith the statutory objectives of the
Urban Devclopmenl; Action Grant pro-
grb, m ms provided lot tn § 5'/0.453.
In ma-ling determinations of ellgibfl-
~ with regard to Urban Development
Action Grant, a, for the purpost~ o!
t.~ 570.201-206, the term "Commtmit7
Developmen~ Program" aa used in this
subpa,rt shall ~lso mean the "Urb.~n
velopment Action Program."
· strmdin~ ~m~-~daing to the contrary tn this
suhpart, ~y ongoing model cities activ-
ity bein~ cv_z~ied out in ~ model cities
program shah be eHg~bIe for trading un-
der this P~.rt from that. por~lon of the
hold-harrnle~ amoun~ ~t~--lbutable to
such model citte~ prog-~m tmtil the
pIicant has received five years of lund!n~
for such activitkm as calculated
to ~ 570=103(c) (2) (ill). For ~he pur-J~o~e
of thi~ pv. ragraph, the term "ongoiri~
activity" meam,~ any model ~ties activily
underway as of January I, 19'/5, that was
approved and funded by ~ on or
lore June 30, 19'/4.
(d) Fcciltiies containing both eli~ibl¢
anti ine!iqibte.~se~. %Vhere a facility, oth-
e~'wise eli~ble for assistance under the
block grant program is lo be provided as
a part of a multiple-use building ,and/or
facLIlty tha~ also contains otherwise in-
ei/gible uses, the portion of the costs
tributed to the-eli~ble facility may be
~sL~ted .~tth block grant funds where:
(1) The f~cflIty, which is
el/~ble and proposed for a.~s/st,-m, ce.
occupy a dcslg-nated and dL~c,'-ete are.,
wtthtn the larger facili,~-.: and
FEDERAL REGI<;II~, VOL 42, NO. 20S--TUESDAY, OCIOBE]~ :25, 1977
. applicant can determine the
2~nCe ~ separ~ ~nd
':~ / bUYeR ~d/or
. /or example. ~ senior center, which ~
oc~p~ ~pgce w~ ~ b~d~g ~t
0~e~O ~ for tho conduct of
when ~ excl~lvely occupi~ ~
(Lc., ~e se~or cen~r does not
to dlUerent locatio~ wI~in the bufld~w
~at happen ~ be available on a less
De~ent b~M) and the ~ppHcant
dete~ the c~t ~sociated with pro-
vl~ ~e ~e~or center ~ d~t~ct from
~ose cos~ ~octated wt~ ~R rem~g
~eHgible portlo~ of ~e bufld~g.
(e) Acli~!ies out~ige an a~licanUs
bo~ndafle~. ADPHc~ may conduc~
~ctivI[l~ w~ are o~e~he eligible for
block g~nt ~s~tance ou~ide of
bo~d~ries which ~e no~ platy
prop~ ~ mee~ identical needs of
~ppHc~t. For example, ~ ~b~ co~t7
m~ conduc~ necessaxy'acti~ties which
z~ o~e~a eli~bIe bIock ~an~
~ wl~ a me~opolit~ city which
are not pl~gy m~pproprla~ to mcet~
ldent~ n~ of ~e appllc~nt.
~ 570.201 B~ic eligible
Gr~ ~ce m~y he used for
(~). Acqu~on. Acqubitiom ~ whole
or In p~ b7 a public agency, by
~e. le~e. donation or othe~be.
rem p~e~7 (~clud~g a~ ~gh~. wm~r
~gh~ ~d obher ~r~ there,)
~g. ~develop~ or lnappro~fla~el7
~lope~ from ~e st~dpoint of
co~ developmen~ and ~ow~.
de~ by tho reclDien~ p~su~
8~te ~ 1~1 laws;
(2) App~p~te for reh~t~on or
co~e~a~lon ac~es: ·
(3) Approp~a~ for ~e pr~e~a~lon
or sea.ration of histori~ st~s,
beaut~caUon el urban l~nd. the
~tlon of open spaces, na~ resources
~nd sclc ~re~. the p~Wmfon of
of ~b~ development:
(4) To ~ ~ed for the p~vtsfo~ of
public wor~, facflit~ and imp~vemen~
e~Ible for ~ce ~dcr ~ sub-
p~; or
(5) To~ used for o~er pubic
p~es. lnclu~ ~e conve~ion of land
to other use~ whe~ n~e~a~ or appro-
P~a~ ~ the comm~l~ development
p~. For example, a central cl~ of
~ metropolitan srea may ~e bl~k ~t.
f~ ~ p~h~e houses ~ s non-~-
pac~ ~ab~b~ Ju~ction ~ order
provide a ~der choice of ho~l~
~lti~ for cent~ city lower-income
s~e, le~e, donation, or othe~e.
any r~ p~pe~y ~q~ed wi~ block
~nt f~ or t~ retention for p~llc
p~. pro~ded that ~e
f~m ~ ~u~ dbposltlon ~a[l b~ p~
~ ~come ~ubJcct to the requ5emen~
forth tn ,~ 570.505. Further lnfornm-
regarding disposition is set forth
570.613.
(C) Public /aciliile~ anc~ Improve-
mentS. Acquisition. construction, recon-
struction, rehabilitation or installation
(hicludtng the execution of architecture!
desfgn features and similar treatment~
L~,tendt~i to erd~ance the esthetic quality
-of facilities and improvements eligible
for assistance render this Part such as
decorative pavements, railings, sculp-
ture, pools or water and fountains, and
other works of axt) of only the fo[lowing
public facilities and improvements:
(1) Senior center~, but excluding any
facility whose primary function la to
provide residential accommodations or
ca~e on a 24-hem' day basis (such ~ a
group home).
(2) Parks. pIaylrrattndz and other re-
* creattor~l ]actlftiez which are designed
for participation, but not spectator fa-
cilities such as stadhun.~.
(3) Centers /or the handicapped. The
term "center for the handicapped"
means any single or multipur~ose' facility
which seeks to ~s.s/st per~ons with physi-
cal. mental, developmental and/or emo-
tional impalrment~ to become more
functional member~ of the community by
providing programs or services which
may Include. but are no~ 1Lin/ted to,
recreation, education, health care, social
development, independent living, physi-
cal rehabilitation and voca~onal reha-
bilitation; but excluding any
whose primary lunction is to provide
residential care on a 24-hour a d~y basis
(such as a group home or halfway
house). For-example, a sheltered work-
. shop woulffbe a single purpose center for
the handicapped, and a lacillty providing
several servtccz for the handicapped
would be a multipurpose center for. the
handicapped, both of which are ellg/ble
for a.~t~tance.
i4) 'NeighborhOOd /acililies. ~ Such
· facilities ,may be of either a single pur-
pose or muir/purpose n~tu~e and axe
designed to provide health, social, recre-
ationed or simffv, r community services.
primarily /or residents of the neighbor-
hood service area, i.e., at least fifty-one
(51 perce~t) percent of those persons
ceiving or planned to receive services
Irom the factli~ shall be r~ldents of the
service area. For the purpose of thin
p~ragr~r~, tho term "~er~'ice area"
means either:
(1) A geographic location within the
Jur/sdlctton o! a unit of general local
government (but not the entire Jurhdic-
tion) designated ~n comprehensive
ordlnance~ or other Ioc~l documents ~s
neighborhood and described in the Com-
munity Development Program as a com-
prehensive neighborhood revitallz~tion
area as defined in § 570.301¢a) or ser~qce
area. or, in a new community as defined
in § 570.403(a), a neighborhood,' village
or sim/lz.r geographical desig~nation: or
(11) An entl~e unit of general local
government or new commurdty as de-
fined in § 570.403(a) which is under
10.000 population, with the exception
that a f~cillty which is designed solely
a~ a community,ride facility in a new
community with a currently projected
scion in cxcea~ of 10.000. may not b~
as a neighborhood f~cfllty.
Solid ~aste di~posa~ /aciHtie$o
wtfich are defin~ ~ tho~e physical pa~
of solid w~te management systems com-
menced at and ~clu~ng ~e ~i~ or
at which Dublicl~ or privately o~mcd col-
lection ve~cl~ ~charge municipal
w~. th~u~ the ~t oi
~posal lnclu~g uecessa~ site ~-
provemen~ and conve~g sFate~,
clung appropriate fixed and movable
eq~ment ~clu~ng vehic~ar contaC-
ers ~ed afar ~e flint stage of
at tramfev station. Such facilities or
eq~ment m~t be located in or
comprehe~ive neighborhood
tion arpas. Eq~pment and ap~u~e-
nauc~ ~ ~ the l~flal collection
~oHd w~s are not included among
~ose solid w~te dhpos~ f~[Htle~ e~gl-
ble for assStance ~der ~s
(6) Fire protection/acililies and equip-
ment. Such f~ities and eq~pment
m~t be located ~ or se~e comprehen-
sive nelghborh~ re. Celestion are~.
ii) ~re p~tectton facilities are de-
fined ~ the land and n~ess~ ~prave-
men~ ~ereto WMch are uece~a~ for
properly ho~g and s~ng fire protec-
.tion equipment and perso~el by a fire
p/erection o~atlon, but not ~clud-
lng ~e righted schoo~ and ~eM
tennnces.
(ti) ~re proration eq~pmen~ ~
~ed ~the appropr~ eq~pment and
appa~t~ which a fire Dro~c~on orga-
~ation r~res for ca~iylng out a ~ro-
~m for protected prape~ and
ta~ng the safe~ and wegare of ~e
public, inclu~g emergency m~c~ ~
from the dangem of ~e.
(~) Paring /acilitiex. Such ~acflitfes
mint ~ l~d in or se~e compreh~-
sloe neighborh~ re~Matlon ~.
(8) Public utilities, oth~ t~ water
~d sewer, w~ch ~d~e:
(D ~1~ n~sa~ for d~t~butlon
of the u~H~F, (but not pr~uctioa or gen-
eration. ~uck ~ el~icM gene~tion
plan~);
'(ii) B~ld~gs ~d ~provement~ that
~re ~n ~ p~ oi the utffi~y
are of such ~ na~ that the ut~ ~
not i~ctlen ~out ~em:
(~) ~e pl~g ~de~omud oi
~t~g or new dht~butlon
(9) Stre~ im~e~t~.
s~t light, ~a~c si~, st~% s~eet
ways and other no~ app~ten~ces
p~age on, or ~ge of, s~M.. but
clud~g exD~ways and o~
~ ways ~d ~eir app~nanc~.
(10) Wat~ and s~ /a~li2ies, ~-
clud~g s~ sewe~, except for sewage
tr~tment wor~ a~d ~te~ep~or sewer~
w~ch are d~crl~ ~ ~ ]
~ewe~ or other cond~, ope~ oc cl~ed,
or the~ ~pp~n~c~ w~ch
t~port and ~e of s~
s~e water, s~r~ w~ o~her
grid ~d wa~r or ~a~ge ~
e~g wa~r co~, exclud~,g domes-
tic was~ wa~r and ind~t~l
~"EDERA{. REG1ST[~, VOL. 42, INO. 20S--TUESDAY, OCTOBE~ 25, 1977
(11) Foundations azu~ ]or
a~r rights sites.
¢12) Pedestrian malls and walk,rays,
(13) Floog and dratnaqe /acilittcs, in
c~es where ~s~tance for such facilities
h~ ~n dcte~n~ to ~ ~ava~able
~der other ~ederM laws or pro~a~
means those ~dertak~gs d~i~ed
~fluence or affect ~e flow ~ a n~ax~l
w'a~r co~e (such ~ ~ r~ec. stream.
l~c, ~tu~, bay, oce~ or ~temtttent
~trem) ~d excludeu
(d) Clearance acti~te~. Clemnce,
demolition and ~moval ol b~d~gs ~d
~pmvem~. ~du~g movcmen~
~t~act~ to other ~lt~. ~ollUon of
~ ~ed ho~g ~ may o~y
~de~aken pu~uant to a p~n approved
b7 ~.
(e) Public se~[ce~. ~ov~lon of public
~e~l~ (Inc~dlng la~r. suppll~ ~d
ma~rla~) which g~ directed ~wa~
imping the co~i~'s public
lc~ ~d f~i~tie~, lnclud~g th~e con-
ce~ wl~h emplo~ent, cr~e preven-
tion, c~ld c~e. h~l~, ~g gbme,
cation, we~e or recr~tlo~l n~. ~d
which ~ direct~ ~w~ ~ord~t~g
public ~d p~vx~ development pro-
~ms. Such re.ices may be provided
bF S~ or l~ govemen~, quit-'
public, p~va~ or nonD~flt ~encle~
lect~ bF ~e aDpl~ant for f~d~ pro-
~ded ~der ~ ~rt. ~blic ~e~lcea
m~t meet the foHow~g crlte~a:
(1) ~bHc ~e~cea m~g ~ provld~
for ~iden~ of comprehe~lve nelgh~r-
h~ revi~on or s~ar. are~
w~ch block ~nt ~ p~sic~
ve~pment ~tl~ti~ ~ ~g ~ed
out In a concen~d m~er. Such pub-
]lc se~c~ m~ bo ~ppo~ with b!~k
~t f~ for no more ~ tt~ee y~
M~ the com~le~ion ot such p~c~ de-
velopment actt~. ~r ~e put.se of
(1) Physt~ development ~viti~ in-
clude o~y ~e d~crib~ in ~
(a) ~h (d), (f) ~ough (h), ~d
(k), ~d ~ 570.202 ~h~ugh } 570.203.
(H) ~e p~e "concen~t~ m~n-
nor" s~ m~n that the bl~k ~ant ~-
~ physlc~ dev~opment activi~es ~e
~ ~ out In a coord~a~d m~-
nor ~ se~e g common objective or
~se p~mut ~ ~ l~aHy develo~d Dian
or ~tra~ ~ ~ comDrehe~lve neigh-
bochood revi~l~tloa ~e~.
(2) Such s~c~ m~ut be d~t~ ~-
~d mee~g the ne~s of ~siden~
~uch gcc. Bl~k ~nt ~s~nce may
~ pro~ded for ~ch se~s o~
~ose ~nc~ where ~-~da of
tho~ ~o~ r~elving ~e pubic sedco
a~ r~iden~ of the comprehe~lve neigh-
borhood revl~l~atlon area.
(~) A public se~ce m~t be either
a new so.ice, or (Ii) g qu~t~xble ~-
c~e ~ ~e lev~ of a so.ice a~ve
which h~ b~n provided from local
or Sta~ so=ces tn ~e twelve calendgr
mon~ prior ~ submission o~ the
bilk ~t ~ppllcat[on. lan ~xception
t~ r~u~ement %qth ~a~ ~
f~d~ re~c~ my be m~e If H~
~m~ea that ~e decree ~ ~e ~evel
PROPOSED RULES
a service was the result of events
wlthin the control of the applicant.
(4) F~ieral ,q.~Lstance in providing or
securing such public services mint have
been applied Ior .~md de~ied or no£ m~le
~.vailable pursuax~t, to the provisions of
§ 570.$0~.
(5) Public ~crvices must be deter-
mined by' the applicon, hr to be nece~nxy
or ,~pproDri~.te to support the physical
development ~tivitic~ to be cayricd out
within comprehe~ive neilghborhood
vit.'xl.~aUo~ axc-~. ~7he speci~l¢ det. crmi-
nation 0£ ~ul~port for each proposed ~ub-
tic service is not rcquixcd to be included
in the application, but the -~pplicant
rnu~t briefly describe tAxo relationship of
thc public service to the physical devel-
opment activitAes. I~2UD will accept the
applic~t's detc.~min~tion t~aat a public
r, ervlce is nccc~ary and appropriate to
support the physical development
tivities un. less there is substantial evi-
dence to the contrax~y, in which c~e
vAditional information or a~surances
may be requested from the applicvmt
prior to a detcrrainatlon of eligibility.
(f) I~terim assistance. Interim
sistxuce to alleviate h~ul conditiorm
whcxe L'n.m~l~ pubU¢ actAon is deter-
m~ed by the ~ppIlcant to be necessaxy,
including:
(1) The repalxlng o~ street, side-
wa]F~s, p~rk~, playgrounds, publicly
owned utLlltie~ v~nd public factJities;
(2) The improvement' of private
properties to the extent necc~sz, ry to
elimL~xte immediate da~ger~ to pubItc
hea.lth, s~Jety ov wel/axe;
(3) The estab]Ashment of t~mporary
public playground~ on vacant lax~d; and
(4) The execution o~ non-routine ge_r-
b.~.ge, trash o. nd debrks removal, stxeet
cle~g, snow removz~t ~d strnil:~.x'
tlvit!eS.
'(g) Payment o! the noa-Fed~ra! share
rcqukred in con_nccUon wlt. h a Fed~pA
gran~-ln-0Ad, prcygrm u~dert~ken
pgr~ of .the block gr~.n~ ~ctivlties. Pro--
vialed, That such p~yment shv. ll be lira.i-
ted tc~ activities o~erw ¢12e eligible under
this subp~xt.
(h) Urbau renewal co~npletfon. Pay-
mcng of the coat of completing an urb~-x
renewal project funded under Title I of
the Housing Act of 1949 a~ amended.
Y~xrther information regarding the eli-
gibLl_Ity of such Costa ta se~ forth, ha
§ 5~0.801.
(i) .~elocattom Relocation paymenLs.
and e~sLstance for individuals, families.
busine.~ses, nonprofit organizations, and
farm oper~tion3 dL~laced by* activities
e~s~ted trader thi.x P,qxt. Further infer-
marion regard/ut the eligibility of re-
Ioc~io~ cosf5 is set forth in § 5'/0.002.
(J) Loss o] rental income. Payments to
housing owners for losses of rental in-
come incurred in holding for tempor.~x3'
periods housing units to be utilized for
the relocation of indlvidu.~As and families
displaced by program acttvitie': a~sL~ted
under this Part.
(k) Removal o! architectural barriec$.
Special pro. ets direct, ed to ~he removal
of material ~a~d architectural ba~rler~ In
publicly owned and privately
buildings, fact/i~ter and improvements
which restrtc~ the mobility and ~cce~t-
blllty of elderly or hlxndlc.~pped per, om.
§570,20Z Eli~hl¢ rehah~itation and
prcse~atioa acl~vlti~.
Oran~ assis~nce may ~ ~ed for
foBowing ~ctigities for t~ rehabilitxtlon
of b~d~gs and ~provemen~:
tn) Rek~illtatiog ol public res~ential
structures. RehabLllt~tIon of DubIlcly
o~med or acqu~ properties for use
~e~e ~ the prov~ion of ho~g.
(b) Public ho~inq moderinzation.
Modern~atlon and modem~ation plan-
lng (exclud~g, ~e new const~ctlon of
o~ce I~gles ~or such pubUc hom~g)
IN,B. Block ~t IuBds m~F also be pro-
vided by aa applicant to a pubt!e hou~tng
~ouc7 ~ bo us~ for ot~e~ls~ eUglb~e
tlr[ties, e.g., p~bllc ~1c~ such ~c~t7
day c~o meeting the requik~meats o[ !
~0~(e) and plannit and
ma~gemeat activities under t 570.R~
lat~ ~ public hoeing ~provemen~.)
(C) Rehabilitatio~ by nonpro~t enti-
ties. Acq~sigion ~d rehabi~tation
prop~ti~ by p~vate nonp:ofit entities
for use or res~e ~ ~e prO.ion
ho~lng:
(d) ~ehabilitatlon material.
sion of bu~g ma~ria~, ~clud~g
pa~ ~ be ~d by homeo~era or
ten~ ~or rehab~tion o~ pro~rtt~.
(e) Rehabilitation ~nanciny. ~e fl-
nanc~g of rehab~tatlon of priva~
o~ r~idenUM, non-residen;~. ~4
~-~e properties ~rough the
~e of bl~k ~ f~ ~ the'pro~-
sion of ~ce. suc~ ~ ~n~. l~ns.
loan ~a and ~rest supple-
men~, for:
(1) C~ of rehabi~tion of
~, ~c~u~g, rep~ dkec~ towed
ct~ of ~ ~m~atioa of I~
deleted m~n~ce, repl~emen;
pr~ctp~ ~xt~s ~d componenLn
e~t~g s~c~es, ~d ~no,~.t~on
~ough ~r~ion. ~tio~ ~, or
h~cement of ex~t~g s~c~, w~ch
may ~ ~der~k~ s~gly, or ~ combi-
nation;
(2) Re~c~g ex~t~g ~deb~dnes~
s~ by a prop~ty berg rehab~ted
g such r~c~g ~ nece~ or ap-
p~a~ ~ the ex~uttoa o~ a Co~u-
~y Developm~t
~3) M~ ~ ~cr~ the e~cient
~ough such m~ ~ ~afloa of
s~rm windows .~d doors, sing, w~
· -~d at~ic im~a~on, ~d conversion,.
m~cagion or repl~ement of hegt~g
equipment; or
(4) ~c~g of c~ ~s~ta~ with
~e colorlon of residenU~ ~c~
~ wa~c ~s~bution ~ or !~al ~wer
collation l~es. but not pa~cnt of ~-
a~men~ which ~e ~e~ble
~ ~ 570.208(h).
(f) C~e enlorccment. C~e e~orce-
ment ~ d~l~a~ comprehe~ive
neighborh~d re~ation are~
w~ch such e~orcement, ~ether with
public ~pcovemen~ ~d ~c~ ~ be
provide, may be ex~t~ ~ ~est ~e
d~qe of the
(g) H~o~c prcse~ation.
tion, pr~ervation, res~ra~lon ~d ~-
FEDERAL REGIST£~, VOL. 4'2, ['lO. '20S--TUESDAY, OCTOaE~ 25, 1977
J_ 6"5 '
.an of-historic properties, ~
rely and pr~vabely owned, which ~
,~se si~.~ or st~ct~ ~at ~e eider
h'atmnM ~g~ter pt ~dc PI~e~.
l~d ~ g State ~ven~ of
Pl~es, or desi~a~ ~ a State or
land m~N or h~rlc d~lct by appro-
p~a~ law or ord~c~
~bUcly o~ed histo~c prope~t~ may
bo ~ted. ~clu~g those prop~tlca
whlch ace o~e~Ne ~eNglble for
ante ~der thN ~bpart. gowever, eIl-
glbtllW In limited o~ to tho~ cos~
essaW for rehabilitation, presc~oa
r~=~tl0n of ~e prope~ and not for
conve~lon or e~anston of ~e pro.sty
for ~ ~ell~ble ~. For exmple,
clty museum se~ng Iow- gad moderate-
income p~on~ ~d INtcd ~ ~o Nation-
~ p~g~t~ may be r~tor~, but the
dlNo~ of a ~ew w~g on ~o m~
co~d not ~aHy he ~ts~d, ~le~
were o~e~ eligible, for
pmuant to ~ 570.203(b).
} S70203 Eligible ~onoml¢ develo~
Gr~t ~tanee may be pro~dcd for
tho follow~g deveIopment actlvlH~
which,arc.retted toward the aHe~la~on
of p~gc~ and economic dN~¢~, or
~onomtc development of a new com-
m~W ~ d~cNbed ~ ~ 570.403(a)
~ou~ st~utation or pNvate West-
menk eo~u~ revita~zaNon,
ex~a~ton or economic oppo~ltie~ for
low- and modemte-~come person,
¢lud~g:
ca) Aequ~ffio~. Acqu~ltlon of r~
prope~ Ior economl¢ development
{bi P~Hc laciHttes. Ac~Ni~om con-
or ~t~a~a of pubic f~ittes not
~ eligible for ~N~ce ~d~
] 5~0.201~c1, which are detem~ed by
~ ~ppN~t. to he necessaW ~d appro-
pNa~e to ~plemen5 ~e applicant's
~etghborhood re~tal~a~fon or econo~.
~velo~t ztrate~:
(1) ~ des~tbed la ~ 570.304~b~
' entitlme=t appllcanN; or
~2~ For ~l o~er appllc~, ~
fo~h ~ the applkation ~ o~e~¢
qu~d by ~ P~
For ~ample, ~ an area ~th a~
plos~e~t ~t¢ I~ cxc~ of the
rate, a ma~w~ ~al~lng c~ter which
1~ d~l~¢d to p~pare loc the work force
lo~ ~d m~te-~rae remons who
~e unemployed or underempl~d', may
be a~N~d where it ~ detained by
appllcan~ that ~ch a facfli~ Is nec~saW
and approp~ate to suppo~ i~ ec~omt¢
de~lopment st~te~. ~ ap~llcaa~
shall provide ~ ~th a descNptlon of
the prop~ed facility, and of the ~lation-
shlp of the facility to the applicant's
~rate~ for nefgh~rhood ~vltal~att~
or economic development.
¢c} C~m~aI and ind~rsf~at
ff~. AequNl~on, const~ctton, r~-
st~c~lo~, rehabilitation or
~1} Commercial or Ind~tNal
and ~ct~; ~clud~g
PROPOSED RULES
(l) Purcha. se of equipment and fixOded by an
turc.'; which are part of thc real e~ta~,
but not peraonal property; and
(il) Energy con$crvatioa improvc-
mcn~ desired ~ encourage the e~cienb
use of energy rcsouzccs, (lnclud~g re-
newable energy r~ot~c~ or ~l~a~ve
ener~ respect);
(2) Con~crciM or ~d~t~al rem
proper~y ~provemen~. (including raH-
applican[ ~o be used b~' pri-
vate nonprofit, entities. SBIC's. or local
d~vel00mcng c0~or?.~i0ra ' -
~o. activities
which .%re not othe~e eligible for
s~tance ~der thB subpart ~d which
~e de~e~ed by the applicant to be
necessa~ or appropriate ~o thc accon~-
p~l~cnt o~ i~ Co~uniW Develop-
ment Pro~a~ Su~ activities may ~-
chide ~e pro.ion of block ~ant ~-
road spurs or similar extenziorm).
~ $70.204 Eli~bl~. nctlvit~e.~ t~y' p~vate
nonp~fit entitlt~, l~ai d~clo~ent
co~t/o~, or small buMn~sa
v~t~nent co~ 6on~.
(a) General AppHc~ ~y provide
block ~ f~ for ~ amber
neighborhood revlt~atlon and
no~c development actlvl~l~ se~ Iorth
t~ sec~on ~ be carried out by a prlv~
no~proSt ~W, local development
poraUom pc Small B~iness ~v~tment
Co~oration (SBIC). Appllcan~ are
none~eless respo~lble for ensuring that
blo~ ~nt f~ ~e u~cd by such
entities ~ a maker co~lstent with tho
requiremen~ of th~ Part and other
pHcabIe ~er~l, state; or l~al law.
S~ec~c requ~emen~ govem~g the ad-
m~lstration of ~e ~e of Mock
f~ds,by ~ enti~e~ are se~ Iorth in
~ 570.612. AppHcan~ ~11 a~o be respon-
sible for ~e c~ng out applicable
~oment~ r~ew and cleamce
s~ibHtgl~. For the pu~ose pi ~
~ectlon:
(1) A p~vate n~-profl~ entlt~ mean~
~y neighborkood-ba~ed ostentation,
co~omtlon, or association, duly or~-
n~ed ~ promote and undertgke
ni~ development actlvitl~ on a nog-for-
pro55 b~, ~clud~g comm~l~ldo
or~nSaglo~ with g neighborhood b~
~d new community ~s~la/fo~
(2~ A ~alI B~ne~ ~ves~en~ Cor-
rection (~IC) mea~ an c~ity 0r-
g~Iz~ pu~uan~ t~ ~tion 3Ol(d) of
the Small Bus~s ~v~tment Ac~
1958 (15 U.S.C. 681(d)): and
(3) A l~al d~elopment
m~ an entity o~ed pu~u~t to.
Title ~ pt ~e Hea~tar~, Economic
Oppo~unity, ~d Communl~ Par~er-
r~p Act of 1974 (42 'U.S.C. 2~81); an
ena~ eligible for assurance ~der
tion 502 of the Sm~ Busines~ ~v~-
mcn~ Act of 1958 (15 U.5.C. 695): or
other similar enH~y ~co~ted pur~
suan~ to ~de~l, Sta~e, or l~I lam
ih) Activitf~ ~t~ble u~d~ ~ ~ 570.2~I-
570.203, and ~ 57~.205. Grant a~i~ance
may be p~d~ by a~ applicant tv be
uttllz~ by p~vate nonprofl~ ~ti~,
~IC's, or 1~I d~elopment
ti~s Ior acU~tiex othe~e eligible for
~k ~an~ a~tance pu~uan~
~ 570.291-570.203, and ~ 570.2~5. Such
organizatlo~ may pro~qde facillHes eli-
gible for assS/ance pursuant to ~]
201(c) and 570.203(b) which ~e not
publicly o~ed, bu~ are nonetheless
available for ~e by the general public
d~ng all no.al h~ cf operation.
(c) Community or neighborhood
nc~ic d~el~e~t or r~itall2ation
tt~ti~. G~$ ~ta~ance may be pro-
'Mstance for u~e by nonprofit entities,
SBIC, or local development corporation~
for:
(1) Assistance to new or existing small
bmine:;s, minority businesses and neigh-
horhood nonprofit businesses for
(i) Work/nv capital or operational
ftmcks i and
iH) Capilal for ]and. structtu'es, prop-
crty Improvements, and flxturc~:.
(2) Capitalization of a SBIC or locaI
development corporation .. required to
qua/My for assist~nce under other ]Fed[-
eral programs:
(3) ~kssi~ta.nce to minority contractors
to obtain performance bonding; or
(4) Other activiHes, appropriate for
commtmity or neighborhood economia
development or revitaliz.xtton. Where an
applicant proposes to fund such entitle.%
to tmdertake t~Llvitles pursuant, to f. ht~
paragraph, the applicant, shall:
(i) Provide iKUD with a complete de-
scxiption of th~ proposed activity:
(H) Provide i=IU-D with ~ description of
the relationship of the proposed activity
to the applicant's strategy for neighbor-
hood revitalization or economic develop-
ment: an/l
(iii) Receive specific authorization
from }IUD to undertake the activity'.
,~ 570.205 Eligible planning, urban
virortmental deslgn~ environraetzl
sludi~ aud atlmlnistratlve cos~.
Grant assistance may be used'~or the
following planning, design, ehvlron-
mental and administrative costs:
(a) Developynant el a Comprehensive
Communiiy Development _Plan. For the
purpose of this section, the term "Com-
prehensive Community Development
Plan" means a statement pc statements
(in word~.'maps, Illustrations or other
methods of communication) which iden-
tify the present conditions, needs and
major problems of the applicant's juris-
diction relating to the specific objectives
pi thc CommuniW Development Program
as set forth in .~ 570.2(a) and set forth
objectives, policies and standards to
guide the development and implemen-
tation of such Community Development
Program. Activities necessary to develop
a Comprehen.sive Community Develop-
ment PIan may include:
(1) Data gathering and studies notes-
saw for the development of the Plan or
tM components, lncludln%' thc production
of base mapping and aerlal photosraphy
in coordination with the U.S. Geological
Sur~'ey, but excluding the gathering of
detailed data and preparing of analyses
necessary, for the engineering and deslg-a
of facilities or activities Incllgible ,'or
block grant assistance purauant
] 570.2061
REGISTER, VOL. 42, NO. 205---TUESDAY, OCTOBER 25, 1977
PROPOSED RULES
~2) De-oelopment o! statcm~ttx o!
~ectt~es. poHcl~ ~nd sb~d~ re.rd-
lng proposed or for~s~ ch~gca
~e pr~ent con~o~ or pro~ ~-
%ect~g ~e ~ppllc~g'~ Ju~dlc~o~
are ~ be addressed by ~xe
Developmen~ ~og~m;
(3) D~,elopmen/off ~ three-year
munit~ D~elo~ent P~ which ldentt-
~ ~c co~l~y development, hot~-
~g, ~d econo~c conditlo~ ~nd needs.
demo~ ~ comprehe~lve
for mee~mg thee ne~ ~ sp~es
~ide ~e ~pp~c~t'~ Comm~ty D~vel-
opmen~ Pro.am;
(4) ~elateg plan~ing acti~tte~ tnclud-
in~ th~ prep~a~on oI co~t~tde
pl~ for l~d ~e, ho~g. open sp~e,
rec~tio~ u~tl~, h~t~le prese~u-
Hon, ~omlc development, nel~hbor-
h~d p~se~tion. ~d
(5) Colle~ffo~ of def~{~¢~ d~ta. prepg-
rat~o~ of ~Mys~, ~g~eer~g ~d de-
sl~ of fzc~ti~ ~l~ble for
w~ch c~ be comt~ct~ wl~
end repulat~, nec~ for ~ ~-
plemen~atlon of ~e pl~
(b) D~elo~cmt o/a
mana~ze~t cap~ty so ~at the appll-
c~t may:
(1) Se~ long-[em and ~hort-~
· ]ectlve~ rdat~ to ~e comm~ty
opmen~ ~d ho~g ne~ ol t~
(2) DevOe pr~gr~ and ~lvi~
meet ~ese go~
(3) ~b~sh ~ urb~ enviromen~l
de~l~ ~ksWatlve capactW;
(4) ~aluate the pro~e~ of such pro-
~a~ ~d ~vltlcs ~nd the exten~
mhtch, the goa~ and objectives have been
accompl~hed; and
15) Ca~ eu~ ~e m~agemhn~, c~
ord~atlon ~d monttor~g oi ~e
ti~'~d pro.nm ~ are a pa~ oi the
~pp!lc~t'~ Co~tty Developmen~
(c) C~prehe~ive planning activi-
ties. ~ addition ~ ~e pl~n~g actl~tfes
othe~e eligible for a~stance
~ season, ~s~t~nce tony be a~o pro-
vid~ for comprehe~ive plant ~ctlvt-
ties el~ble lot ~t~nce ~der the sec-
tion 701 piing ~s~t~ce
~u~u~t to 24 ~ Part 600, tn metro-
pollt~ cities ~ de~ed in ] 5~0.3(r),
and ~ban co~tles, provided th~t such
addltlon~l pl~g activities are n~-
eas~ or aDDrop~ate to mee~ng tho
meeds and oblectlves of the appllcan~'
Community Development Program.
Id) Administrative Costs. Payment
reasonable a~istra[lve c~ts ~d
ca~g ch~ges related to the plann~g
and execution of community develop-
ment activltic~ financed, In whol~ or
p~t. witl~ fun~ provided under thM
and housed activities covered ~ the
plicant's Housing Aas~t:mce PI~n
~). C~t~ incu~ed in can~'ing out
the progr~.m, whether charKed to
program on a direct o~ an lndkcct baa~,
m~t he In co~o~xnce with the requ~c-
men~ of ~derM Management Circuit
(t~IC) 74-4. "Coat Princlple~ Applicable
to Gr.xnta and Contracts witt~ St~tte ~d
~M Govemmen~.i' All ite~ of cost
~d ~ Att~hmenC D, Section C of
Clrc~ (excep~ Item 6, preagreemeng
c~sts, which are elladble o~ to the ex-
.mt au~ortzed In ~ 570.301(c) are M-
lowmble.without p~or ~pprovml to the
tent they co~titute re~onable costs ~d
are othe~e eH~bl~ under th~ stlbpg~.
(1) Elfgible progra~ ad~in~irafiion
co~ts. ~e~onable ~t~tlve costs
~d s[~ ex~es ~clude ncce~a~
Den~r~ lot ~e
il) SM~I~. wages and related
of the applicant's s~ ~d ~e st~
loc~ public agencie~ engaged ~
out ~e p~:
(H) ~vel c~ ~c~red for
b~e~ ~ ca~g ou2 ~e prog~m;
(fid A~iniatr5tive sauces pe~omed
~der th~d-p~y con~ac~ or
manta. ~clu~g such ~ces ~ gen-
eral leg~ sauces, accosted
~d aunt se~lces; ~d
(Iv) Other c~ for g~ ~d
~qu~ed for adm~r~t~n of the pro-
~. lnclu~g such g~ and
~ rent~ and ms,ten,ce of o~ce
~pace. ~ce. ut~lties, o~ce ~DDIIes
and rent~ or'p~ch~e of o~ce eq~p-
menk
(2) Th¢ ~{o~ o/ i~/o~a~[on and
oth~ r~3ourcs~ to r¢~id~Rt3 and
o~an~a[io~ p~rg~cJpat~ in the plan-
minK.. ~plemen~at~on. montto~, or
ev~uation of actl%~ties berg ca,ed out
~th bl~k ~t [un~. ~ may ~clude
~s~ce to neighborh~ organizatio~
In areas of concent~ted ~tlvlties or to
city-wide org~%tio~ conduct~g
.Wain~g or other ~tlvities desired to
~cre~e the c~p~bHIW of low- ~d mod-
erate-~ncome pe~o~ to be ~volved ef-
f~tively ~ the development ~nd pl~-
ming of ~ comm~[ty development pro-
~m cons~tent ~th the applicable citi-
zen pa~lctpation ~q~emen~ set fo~h
M t~ P~.
(3) Pr~otsion o/ ho~i~g
$e~ic~ and other actt~tlcs desi~ to
further the f~Ar hous~ prov~io~ of
} 570.307(e) (11) and the ho~n~ objec-
t,ye of promoting gre~ter choice of
ho~n~ oppo~unit~ea and avold&n~ ~-
due concen~t~ons of ~s~d p~rso~
~r~ cont~nkn~ ~ h~h propo~on of
lower-~ncom~
(4) Pro~on o/~auc~ fo
p~/~anc~ bonding necessaw for con=
trac%o~ ca~lng ou< ~ctl~ties ~s~ted
wlth bl~k ~t f~.
(5) Reasonable administrative costs
rclatta~ to th~ pro,sion o/ rehabili~at~o~
loans under section 312 o~ the Hous~g
Act or 1964. ~ amended.
(6) Prop~ management. Reasonable
costs of m~a~ng prope~ies acquired
with block ~ant
(7) Activities lo /acilitatc ihe implc-
mcntation o/ g hozatnq ~s~tance plan
for necessary expenses, p~or to con-
stmctiom in plan~nK and ob~ain~ ~-
nanctng for the new construction or
i~:,nHal rehabilitation ol hou~ina
' lower- Income uerzons. AcHvlUes may
clude:
56463
¢i~ The costs of conducting pre ~l!mt-
nary .surveys and anxtlses o! market
needs;
(ti) Site and ut~ty plans.
desc~ptio~ of the pr~d co~t~c-
tion, pre[~x~ c~t e~C~ates, ~d
"sketch drawtngx", bu~ excluding archi-
tectu~I, englncer~g. ~d ocher deta~
ord~rfly required for co~t~ction pur-
poses, ~xch ~ s[~c~l, elec[nc~,
plumbL~g, ~d mechanic~
/iti) ~e~onable co~ ~s~l~ted with
development of appli~ons for mort-
gage and inured Io~ co~itments and
of appHcatio~ ~d pmp~ under the
Section 8 ho~g ass~t~ce payments
prog~m p~u~t to ~ ~ P~
883; and
(iv) Pc~ ~s~ed ~Ith pr~g of
applfcaHons ~or mo~ and
lo~ co--fOments under pr~ms
cludtng those adm~ered by
Famers Home Adm~grsHoa
~d the ~ve~ment NsHonal MoP,age
~e new co~ctton or d~
~g o~ new co~t~ctl0n o~ hous~g ~ no~
~i~ble ~or ~t~ce ~der ~
(8) Consultant acttvities. AppHc~
m~ employ consul~s ~ Pro,de pro-
I~lon~l ~s~t~ce ~ progrm pla~g.
spp~c~tion precaution ~d ex~u~o~
activities, pro~d~ ~a~:
(i) ~e requtremen~ o~ ~s
~C 7~. O~ Clrc~ar A-102. an~
pHcsble Fede~. St~ and loc~ laws
complied ~:
fid ~ere aha~ ~ a ~tten agree-
ment ~tween the p~les whlch det~
respo~ibflltl~, standard, and a~ fees:'
(iii) Compensgtt~ for ser~c~ by
con.tang shah onl7 be made for:
¢~) ~e regsonable c~ of ~on~
se~tces, w~ch sha~ be ch~ged on
ho,~ly b~ per pa~og and ~hich
~ no case on a per parson b~Is exceed
~e m~um d~ily rg*~ of compe~zflcn
for a G~I8 ~ ea~bl~hed by
law;
{B) Re~sonable ¢~ta for overhead
travel exPe~ ~c~ed.
(e) Environm~tal Stud~. ~e rea-
sonable eos~ of en~ro~enKM
gecessaW to comp]7 with 24 ~ Pa~ 58,
~clud~g project specie en~onment~
asse~menh and clear~ces lot ~tb~ties
eligible /or ~s~nce ~der hh~ ParL
~ S7~.206 Ineli~le actlviti~.
~e fo!lo~ng list of ex~m~I~ of ine~-
gible activities h merely ~u~trative. and
d~s not co~titute a Mat of ~ ~eli~ble
~tl~tlcs:
(a) Public ~or~. ]adlities and
other improvements. ~e general ~e
that public wor~. fac~iti~ and'~ite
o~er ~rovemen~,ara ~eli~ble to be
acquit, constructed, r~o~tmcted, re-
habilt~ted or lm~lled ~!~s they are
eligible ~ursuant to t 5~0.201(c) or
f 570.203(b), or were prevlo~ly eligible
under any 0i the prograw~
by ~e Act lexcept the ~ublic iaci!ltles
loan prograra, the model citl~ proir~,
and ~ an urban renewal Icc. M
ad eliuble ~der section lI0~d)~31
Housln~ Ac~ o[ 1949) and cited in
(bi. ~ere acquhttlon of real pro~erW
~clu~es an exbt~g ~Drovcment which
FEDERAL ~EGISTE~, VOl. 4~, NO. :205--TUESDAY', O¢'~OBER ]5, 1977
.~'t~ tlt, ilized In the provisior~ of ~
acquk~itton cost att~bu~bIe ~ s~h ~-
provement, ~ well ~ ~le c~t of aI~' re-
h~bflt~Uon or conversion under, ken
3dspt or ~ke tile proDe~ s%~table for
such ~e, sha~ be ~ellglble. Ex~pl~ of
fmc~ which c~ot be Drovid~
theso f~m~ ~clude ~e follo~ng:
11) Bmldin~s and facilities /or th~
general cond~t o/ gov~nm~t, such
city ha~ and other headquar~ra
government where the governing bod~
of tho rectpien~ m~ re~l~ly and
which are predominantly reed for
nici~M p~, co~tho~, police sta-
tlom and o~er m~lclpal o~ce.
12) F~lttte~ l~cg J~ e~Aibilto~s,
~pectator ~ts an~ culturat purples,
tnclu~n~ stature, spor~ ~ren~ audi-
torito% concert ha~a. c~tml and
cente~.' c~ventlon centem and e~bl-
tlon ha~. museum, central libraries,
and s~flar /acillt~s. For the pu~e
of thB p~agmph, ~bm~ (Including
centmt Iibm~ea in ~i~ o~ gene~ locM
gov~en~ under 10.000 ~pulatlon
where ~e crttefl~ set forth ~ I 570.201
lc) (4) (fl) are sat~fled), c~tur~l, a~.
anti m~em facilities w~ch meet the
xequ~emen~ for netghborh~d lac~
ties set forth tn I 5~0.201(c) (4) are con-
stder~ neighborhood ~cflltles and are
fl~erefore ellglble for ~sS~nce.
(3) Schools and educalion~ [adlilie.,.
t~clu~g elemental, secondaw~ cot-
lege, and ~lvemtt~ facilities). For the
pu~ose of thS.pam~aph:
(1) & neighborhood laciUty, senior
cent~ or cent~ for the handi~ped
which cl~a in practical and v~attonM
actlvt¢l~ (such ~ flint aid. homema~g,
~af~. tndep~dent ll~n~, etc.) are
among the se~c~ prodded or ~
enable p~ng 'to I 570.203(b) ~ not
conslde~ ~ a ~hool or educa~onal
facl~;
(H) Any faciBty elistble for hs~t~ce
p~uant 'to ~ 530.201(c), which .~
si~ed p~murily for a public pu~e
other ~ education M ~ot co~dered
to be a sch~l or cdtlcationat fac~ty
where, althou2h it ~ to be l~ated on
site controlled by a school d~t~ct,
board or ~lar body r~po~ible for
~ubEc education, the facility wiE only
be used by any adjac~ school or edu-
catlonM fa~ity on 5n ~cidentM basis.
In order to' dete~e whether thc f~-
clllty ~ ~o be ~ed on an ~cidental basis.'
the ~Dplican~ sh~ll at & m~Imu~ demon-
~tratethat;
(A) After ~choo] hou~ and on week-
ends, the f~cilit~ ~h~]l be ~v~able for
use by 'the general public to ~%e same
extent ~ s~milar f~c~ltles
· withKn the applicant's jur~dtctlon: and
(B) Du~nz sch~{ hours, the facility
Is not used for school pu~ose~ for more
than four hours each day. ·
(4) Alrporis, subways, trolley liaes.
bu{ or o~h~t transit t~mi~al3, or
~lons, and other transportation
,exclud~g rnHroad sp11~ assured pur-
muant to t 570,203(.c) or facHities eligible
under ] 570.203(b) ).
medlc~ ~ac(lilts. For the pur~e 6f this
PROPOSED RULES
par.xgraph, a nel.3hbort)ood facility, sen-
ior ctql[er, center for the handicapped,
or facill~/ eligible In.usnr to t 570.203
(bl which pro.de general h~lth
Ic~ Is not co~idered to be a medlcM
facility.
(6) Treatment wor~v /or se~ge or
industrial wastes o/ a liquid nacre.
eluding ac~ml treatment facfllH~. In-
terceptor se~ and ou~a~ sewers. ~o
te~ "interceptor s~" gppll~ ~ tho
following:
(1) ~ those situatio~ where mw or
~adequately treated sewaae ~ b~g d~-
charged from an ex~t~g public sewer,
those l~es w~eh are n~esa~ to pre-
vent or e~te the discharge ~to ~y
wate~ay of raw or ~adequatcly t~ted
sewugo ~om gn e~t~g po~t or po~
of d~c~rge ~ a pt~c s~s~m ~e
~l~ble. Th~ ~clud~ any neceam~
pump~g station, force mai~ or other
a~pu~e~nees thereto; and
(H) ~ all o~her situation, the l~e or
~es which divert ~e flow to the
meng facUl~ from the point of hat.al
dBcharge of ~ coUeetlon system, were no
~eatmeng to be pro~ded, lnclud~g any
necessary pump~g station, force ma~s
or oZher app~enances am no~ eli~ble,
(b) Purchase'of equipm~t. ~e p~-
chase of equipment wi~h bl~k ~ang
· f~ is generaUy ineligible.
(I) C~z~u~iom' eOuipment. ~e pur-
chase of construction ~pmen~ ~ ~-
eli~ble, bu~ compensation for ~he ~me of
such equlpmen6 through Ieasing; dep~-
clarion or use allowances pursuant to
Attachmen~ B.of O~ ~re~ar A-102
for an othe~e eHgible acridly is an
eligible me of blcck grant ftmdm ~
ceptio~ B the ~ch~e of cmm~ctio~
~utpment which B pa~ of u solid waste
~o~I fa~li~ w~ch ~ ell~ble for
block ~rant ~tance p~uan~ to { 5~0.
~i lc) (5). ..
(2) Fu~in~s an~ personal property.
~e pureh~e of equipment, ~x~es,
fum~h~gs or other personality not
~te~al stmmtural fixture Is ineligible.
except when nece~sa~ for use by a re-
cipient or i~ sub~antees ~ the
istragion of i~ Community Develo~menb
Program U~uang to ~ 5~0.205(d).
fo) Operatin~ and maintena~e
penses. ~e general ~e ~ that any ex-
Dense associated ~tk oper~t~g.
raining or reDal~g public facilities ~n~
wor~ or any expense associated ~-ith
pro~ding routine public se~ces B ~-
eIi~bIe for ~sistance. ~owever. opem~-
lng ~d maintenance ex~nses ~sociate~
wit~ provid~g Public se~ic~ or
assurance o~he~ise eligible for assB%-
ance under th~ Part may be ass~t~. For
example, the 'cosg o~ a public sergice
lng operated ~ block ~ant funr~
a neighborhood facility may include
reasonable e~enses ass~iated with
crating the ~ubllc se~ce ~th~ the
ctllty, includ~g' cos~ of rent. utilities
and mMntcnance.
E~mpl~ of activiti~ which ~e no~
~igible for block grant ass~t~ce are:
(1) Ms,ten,ce and repair of s~ee~.
~rks. playgrounds, water and sewer
facilities, neighborhood facill~as, se~or
centers, centers for' the handlcapped.
parking and similar p~blic facilities:
(2) Payment of sale.r-ica for staff, util-
ity eo~ts and similar cx~nse~ neces-
sary for the operation of public work_~
and facilities; ~d
~3) ~e~es associated with provi-
sion of ~y public se~ice which is no5
eH~ble for ~.5t~e p~suant to ~ 5~0.-
201(e~.
id) G~al gov~nmeni e~sex.
~s~ required to ca~ out [he regular
r~s¢o~ibilitles of the ~it of general
10mi government are no~ eU~ble. Ex-
m~lea include aU- ord~a~ general
gove~ent e~endi[~es no~ relat~
the Co~uni~y Development ~ouram
and not relat~ to ac~ti~, ell~ble
der t~ subBart.
(e) Political ~tivities..No ex~n~e
may ~ mdc for the use of ~ulpment
or Brem~es for ~lltlcal p~o~s, ~pon-
so~x or eonduc~g c~didates"m~t-
lug, engag~g ~ voter registration acti~
ity or voter transportalion or o~er
pa~an political ecliptics.
if) New ~sing ~nst~cti~.
ance may not be used for the consist-
lion of new pemanen~ ~sidentiM
stmct~ or fac~ti~ t~ch ~ dom/-
to~es. ~oup homes and hagway homes),
or for ~ pm~m to su~idSe or
such new comtmctio~ ~cept. as pro~d-
~ ~der the laa~ reso~ ho~g
sto~ get forth ~ 24 ~ P~ 43. For
Du~ose of thB para.apb, actiones
sup~o~ of ~e developmen~ of low- or
moderate-income ho~g ~ accord~ce
with aa approved Hous~g
Plan inchxding clearance, site ~sem-
blage, provision of site and pm~on of
public improvements and certain ho~-
lng pr~omt~tiou cos~ ~ fo~h
~ 570.205(d) (~>, ~e nde consider~
programs to subsiEz. ~ ~u~uce new
residbn~M co~t~ct~a.
(g) l~orr~ ~ents. ~e, genial
rffie 5 that ~sStance ~MI ~o[ ~ used
for income pa~ for ho~g or any
come paymeu~ iaclude ~e follow.g:
~ymeu~ for i~ome matut~ce,'
ho~z allowances, do~ paymen~ and
mortgage subsidles.
(hl Payment o] assessments. W~le
~5~ce may be mud dRectly to pro-
vide eligible Bublic ~grovemenB. such
~ streem, sidewal~ ~d utEties, w~c~
an applic~Z might noma~y provide
t~ough speckxl ~sessmeut of benefit-
ing properties, f~ds may no~ be reed
W pay spec~l a~e~meuts lexq~ a~t
p~cela of rem es~te ~ ~h~ of the
pro~e~ o~e~. ~ some cases,
canto mxy ~rovide eHgible public
provemen~ ~rough pa~ent of a por-
tion of ~e c~t with block grant fun~
~rovided ~d the balance being ~ro-
vided by s~tal assessments agaim~
5enefiCt~g ~roperttcs pu~uant to
law. However, ~ those instances where
the cost or port~n of the cost of ~ub-
He improvemenm were provided with
program lunch, an applicant shall in no
instate later le~ any special assess-
men~ which shah recoup any ~omion of
ex>endltures p~d by proem funds.
(il Industrial park devcto~menL
generM ~le Is that. notwtt~[and~
o~er ~ro~sio~ of t~s subpa~.
assSmnce for the development of
FEDERAL R"GIST£R. VOL. 42, NO. 205--TUESDAY, OCTOB';R 25. 1977'
.,1 parks ks '.nell;~ble unless the
,t can d~nortatrat~ to the ~at~fac-
,ff ~e ~ecreta~y that there M
,~t available for such developmen~
r:dly, ~m a~pI~cant should
· tha~ It ha~ ~m commitm~t~
public or priva%e entities for. ~e
~ such lnd~triM park developmen~
Subpa~ ~Entit[em~nt Grant~
L300 ~.d~ne of appllcaHon r~
qulremeztl~.
'tS s~flon b~e~ out.es the
-mcn~ which mtn; ~ met 'by R~e
,cant when aDply~g for ~ enCtle-
I. g~g ~d .~{erences other secHo~'
.tin~g mo:e det~ ~ormation on.
) Plan~inq req~rement~.
ks tha~ ~e applic~ m~t m~
n~ l~ co~W develoDme~t
.r~ ara cove~. ~ the follow~g
~ 8ectioa 570,301 d~cdbes gener~
,~g consideration;
· ) ~tl~ 570.302 desc~bes ~e
ement that Lhe appncant's eom-
dry development prv~ m~t
mcq ~d c~ed.out so. ~ to
Uy be~t p~o~ hav~ low~ ~d
te~-mcome: and'
D 8~Uon 5~0.303 d~bes ~e re-
'ement ~at the appllc~t mus~
~e ~d' ~plement a ~tten citing
tlelpa~a ~1~, p~ of ._which Dro-
'a for ci~ ~volv~ent ~ ~e
a~ng proce~. ,
b) Trtennta~ submission require-
~ts. ~te~ ~kd year, b~n~g
flr~ appltcaMon submittal on or ~-
Ap~] I, 19?8,.the appHgant m~t sub-.
; an aDpHc~Ho~ co,tag of the.roi-,
'.;ace, p~c~d by O~ ~rcular No..
,2) Co--unity Developmen~ PI~
;cried in ~ 5?0.394;
,3) ~nual Co~l~ ~velopmeni
ogmm ~ desc~bed in. a 570.305;
~4) Hou3tng ~s~t~ce Plan ~ de-
rl~ la. ~ 5~0.~08; and-
~5) Ce~acatto~ .~ d~cribed
i70.307. '
~c). A~;nuak submissioa requir~eats.
~r each ot ~e o~er years In a three'
-ac ~ ~e appHcan~ mu;~
t appHcat!on consts~g of the
il) Standard Fo~ 424;
(2) ~nual Ccmmu~ ~velopment.
to.am ~ de~b~ m ~
~3) m~l Ha~mg Action Progra~
; described ~ { 570,305(5) ~5): ~
~4) Ce~aca~o~ aa de~cribed
570.307.
Id) Oth~ a~Dlicat~on requir~ents.
'he appHc~Lm~t also comply ~th ~e
~llowing rem;ircm~M when applying
or an cntitlcm~t
1} Req~cmen~ on-~e t~ing of
,licatlon3 ~ ~e~ forth m ] 570.3~8;
.. ~2) Requiremen~ on notgy~g ~c
m~c t~t ~e aOpacaHon ha~ been
ult~ ~nd. ~ avttl~ble ~
);~rtlm upon r~L ~ dc~c~bed
5~0.3~9; &nd
¢3) l~equixemenM on notifying State
and areawidc clcaxinghouse~ of the ~
pUc~t's ~t~t to apply for Feder~
a~ce. on suhmit~ng ~e appHc~tio~
to ¢lc~ghm~e for co~ent, and
k~g ~tio~; follow~g ctearinghouse
reviews, ~ described Int 570.310.
~ 570.301 t)la.n;.g considerations. '
(a) Comprche~Ive nei~hb~hood re-
vit~kation. It ~ ~D. ~Hcy ~ eh-
co.age the ~e of bl~k gran~ fun{~
i~ ~ concemtrat~ m~er in order to
produce suk~n~al long-te~a imDrove-
men~ ~ the comm~ty. ~e applicant
~ s~c~c~y enco~xg~ ~ ca~ ou~
strategy Ior compreh~ive neighborhood
r~lt~aUon-w~ch concertinas sum-
trent reaoumes to stahmze ~d up~ad~
reMdentia~ ~em~ ~t~d by blight and
tie. Hexagon. A comDrehe~[vc
horh~ re~Hzatlon pro~ la de~ed
~ one whi~:
~ 1) ~cm~es on a slum or bligh~d area
w~ la deM~ated by ~e applicant for
concen~d ~eatment; such area
be of m~geahle s~e and condition,
physical and o~e~se, so thst block
~ant and o~er r~ources to be com-
mitted to ~e area can sut~n~ally meet
the ldent~ed' physicS' developmeng and
houstn~ nee~ wt~n ~ t~ee- ~ five-
year pe~od:
f2) ~ c~ed ou~ in accordance ~th
~ local plan wlfick pro.des for
c~rdlnm~ pro.am ot phygic~ devel-
opment achilles, necessar~ public f~lli-
ties. and se~ces, private investment,
and citizen se~-help scUrRies: and
(3) Coor~ngtcs the effo~s of public
and p~vat¢ agencie~ ~d netghborho~'
oral.aHOY. ~ac'number and
'~Uon of activities' which v~ qualify a
proem ~ ¢omDrehe~ive v~H depend
cn ~a con. Son and n~ of the area.
~amplea' of ¢omprche~lve
~d re~llzation' pro~ include:
~sidential rehabilitation program w~ch.
pro.des lo~ and ~an~ to
c~e~' tn a desi~a~d area In w~icb
street improvement, play~o~, and'
pubEc se~cc~ arc a~o being pro~qded;
and ~ redcvelo~ent pro~ which
dud~ ~s~matic demoli~en of sub-
~nda~ structures and ~emblage
~l~s for new cov~tmc~on ~ a par~c~ar
area In conj~cti~ ~ st~e improve-
men~ ~d laci~ necess~ to attract
~ew. dcvelopm~t. -'
~eugh a comprehensive neighbor-
hood re~L~tion area m~t be residen-
tial. It may include netghborh~d com-
mercial faci~tte3.xv~ch are n~sa~
m~tain ~ ~ability of the ar~.
order for a pm~m ~ quMlfy as a eom-
p~mslve, n~borhoo~ re~tallzatioa
~t ~ud~' tn such proem (tnclud-
~g activl~ to be fund~ and
merited In more than one action
sMH be ~ouped mhd deemed by the
pHcxnt ~o be a prolog, as deflned-Ln fi4
C~ f ~a.3. The environmental review
o[ suah vroicct ~ld ~ke ~to accomnt
~o relationship between component
~tic~, and the cdmulatlve en~ron-
(b) Pla~minq and i?nplc~nentinq multi-
veer proY¢cts. (1) Under ~e enticement
gr~t proc~, the applicant c~ rely o~
t~e~, a~ual financi~ ~sistance ~4th
a high degree of certeS. Th~ makes
It po~ible for Hie ~DD[tc~t tO plea
mul~year projcc~ to bc ~anced m tn-
cremen~ with entitlemen; f~d5 be-
co~g av~ablc tn ~ucc~sive program
yca~. ~ &ppHgant may, t~ere~ore, pro-
g~m f~ in ~ application for ~e
payment, of part of ~e cos~ of such
mul~e~ project, pro~dcd ~e full
ac~pe ~d ~ated cos~' of the tot~
proJec~ are deacribe~ la me fl=t appll-
ca~oa ~ wni~ enCtlement I~ am
alloca~d for ~e proJeck ~ d~s
preclude ~e of subsequent ye~
merit f~da to comple~ a prolect which'
was desired ~ a s~gle ye~ project and
whose cost exc~da ~itlM est~at~.
(2) Thc envi~ental ~sesament
a m~tiyear p~jec~, pe~o~ed under 24
C~ Pa~' 58, shoed cncomp~a the
~e mult~eac scape o~ ~tl~tie:. Upon
certmcation ~mt the apPHc~t h~
plowed ~c en~ro~enal requ~emen~
for a ~lt~ear project, ~ may ~sue
i~ re~e~e ot f~ for ~he entre multi-
year proj~t. Such rckase of tun~ shall.
be subJ~t ~ the pr~o~ of
grap~ (3) ~d (4) of ~ subsection.
t3) ApprovM of eack Lncrem~t of a
m~tiy~c prej~ ~ }ubj~ to ~e gen-
e~ av~abth~ of enti~lemcn~
adequate Dedo~ce, ~d ~e submB-
sion of an. acce~table aD~Hcatton tn eack
ye~ Lq whi~ en~cmenr f~ are to
be applied ~ow~d payment of proj~C
cost. ~ ~ose ~l~c~ where ~e
c~t ~ha~M previo~ly approved
tl~i~cn~ f~a ~etore me new mere-
merit ~ approved. ~e aDgRc~t may ob-
ligate and s~d I~M f~ ~ cont~u~
~e work ~d be re~b~ed ~
approv~ for the next recreant, pro-
xqd~ ~e loca~y f~d~ work was ~-
dert~cn, in compH~ce wl~ ~e
ments of ~ Pa~.
(4) ~e conL~u~ au~ort~ of an
plic~t ~ c~it ~Ue i f~ ~
m~Lly~r proj~t and ~ be re~b~ed
for c~- of such project, after ¢omple-
~on' of envko¢~en~l r~emen~ ~d
~ rel~e of f~, 5~ be subJcc~
to ~a' confined relev~ce. ~d
pletenes~ of ~c env~o~l
men~ performed. ~ theev~t of any sig-.
nific~ or subs~d. ~ge ~ ~e
t~e, m~i~de or ext~t oL the proJeat~
or ~y- s~cant or subs~ntial
ia ~c ea~o~ent ;~t~g ~e p~ject,
~e app~cant ~H, p~or to ~y f~ther
co~ent of ~ I f~ to the proj-
ec~ complete ~e r~u~em~5~ of 2-i C~
Par~ 5k r~ating ~ the updat~g of en-
t5~ ~e appli~t may also. be
b~s~ for c~ ~cu~. to comple~ ac-
~vit[~ previo~ly approv~.~d
~der ~e ~ban renewal, proart, khe
w~ter and sewer fac~tl~ pro.am. ~e
neighborh~d f~itl~ program, or ~e
open space l~d pro~m, d~crihed
} 530.I(b)~ (I). t3), (-t). ~d ~6). r~pec-
tively ~'ith ftmd5 prog~ed,[~ ~e
pi[cat!on for b~k ~n~ ~,ds to cover
thee c~
FE~)EIIAL IIEGISTEtt, VOl. 42, NO. 20S---TUESDAY, OCTOBER ~5, 1977
TO:
FROM:
SUBJECT:
November 28, 1977
TELEPHONE
(612) 472/1155
Leonard L. Kopp, City Mar~r
Don Levens, City PlannerX(~-
Community Development (4th year funding)
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
Under the Community Development fourth year funding, the
revised entitlement for the City of Mound is estimated'at
$100,062.00 based on 1973 census data and decision by mun-
icipalities not to participate in the program.
The final funding entitlement will be determined by HUD in
January.
164
CITY OF MOUND
Mound, Minnesota
January 13, 1978
COUNCIL MEMORANDUM NO. 78-13
TO: The Honorable Mayor and City Council
FROM: The City Manager
SUBJECT: Meeting with Commissions
Information Memorandum 77-198 (Pages 997-1007) reported the possi-
bilities of tax increment financing. As a result of that discussion,
the Council established January 17, 1978 as the date to meet with all
the Commissions; The Housing Authority, The Planning Commission, The
Park Commission, The Youth Commission, etc.
The Planner has obtained a slide presentation on tax increment
financing which will be shown on January 17th.
Leonard L. Kopp
BLVD
g
========================
VILLA LAN~'
~Z
vi ?/
%%
CITY OF MOUND
Mound, Minnesota
January 13, 1978
COUNCIL MEMORANDUM NO. 78-14
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
Tuxedo Easement
An easement can be obtained for Lots 21, 16 and 17, Block 10, Arden
by exchanging land the City will have left after relocating the sharp
curve on Tuxedo.
The easements required from Lots 21, 16 and 17 are:
Permanent Easement - 342 square feet (in red on attached map)
Temporary Easement - 2018 square feet (in blue)
13 Trees will have to be taken - many maples
The City acquired Lots 18, 19 and 20 for relocating the curve. After
the curve is relocated, there will be 5,875 square feet of land unused.
This piece of land will be triangular in shape.
The owner of Lots 16, 17, 20 and 21 proposes to give the City the ease-
ment for the land remaining in Lots 18, 19 and 20. He already has
land for two building sites and this land would be added to the present
sites.
The building site division requested is:
Parcel A - Lots 16, 17, 18 and a small part of 19
Parcel B - Lots 21, 22 and that part of 19 and 20 not used by the
road
Since the land left of the City's property is less than 6,000 square
feet (a building site), this trade is recommended because it will pro-
vide two adequate building sites.
Leonard L. Kopp u/ '/~)~j
/
/
/
/
/
I
I
oo i
CITY OF MOUND
Mound, Minnesota
January 13, 1978
COUNCIL MEMORANDUM NO. 78-15
TO: The Honorable Mayor and City Council
FROM: The City Manager
SUBJECT: Tuxedo Easement
An easement for Lots 1 and 2, Block 10, Devon, can be obtained for
$100.00. Two hundred square feet of land is to be taken (see map
attached).
The payment is recommended.
Leonard L. Kopp
DEVON
Cot-. ,9~c.24, T /,'?, ~24-
ROAD
CITY OF MOUND
Mound, Minnesota
January 13, 1978
INFORMATION MEMORANDUM NO. 78-1
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
The City Manager
LMCD - Dock Use Ordinance
Councilman Fenstad says: "Please read and study carefully for discussion
at Tuesday's meeting".
A copy of the proposed LMCD Ordinance is attached:
It appears that the present City Dock Licensing Program is covered
in Subdivisions 14 and 15 and we will have to abide by the rules set
up in Subdivisions 10 and 11.
Subdivision ll(c) allows a dock each 50 feet. Variance can be had
pursuant to Section 3.04 which is unknown at this time.
Subdivision 14(b) allows docks in front of each landowner "for the
sole use of the occupants of the residence which front is on the
abutting lakeshore"
However, ll(d) says that contiguous lakeshore area shall be 200 feet.
It appears that this ordinance curtails the number of docks allowed
to those people on lakeshore only, except in a few cases. Possibly
this has been misread and their intent is to allow Mound to continue
as in the past, but this should be made sure.
Note: The ordinance is noted for the LMCD Committee Discussion only.
AN ORDINANCE
RELATING TO DOCKS, DOCK USE AREAS,
BOAT STORAGE DENSITY, AND THE
STORAGE OF WATERCRA3T ON THE LAKE:
AMENDING LMCD CODE, CHAPTER III
For committee discussion
purposes only.
THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT ORDAINE:
Section 1. LMCD Code, Section 3.01, is amended to read as follows:
3.01. DEFINITIONS. Subdivision 1. For the purposes of this chapter the terms
defined in this section have the meanings given them.
Subd. 2. "Dock" means any wharf, pier, or other structure constructed or
maintained in the lake, whether floating or not, including all "L's," "T's" or
posts which may be a part. thereof, whether affixed or adjacent to the principal
structure.
Subd. 3. "Multiple dock or mooring area" mea~s any dock or m, oorinM w. ithin a
nonresidential authorized dock use area or as allowed under Sec. 3.0,2~ Subd. 11.
Subd. 4. "Mooring" means any buoy, post, struct-u~e or other device at which
a watercraft may be moored and which is surrounded by navigable water.
Subd. 5. "Authorized dock use a~ea" means that area in the lake which may
be used for docks, moorings, boat storage, swi~ng floats, ski jump storage, or
diving towers, or which may be enclosed on three sides for any of these purposes.
Subd. 6. "Residential authorized dock use area" means an authorized dock use
area for use by persons occupying, residential structures located on shoreline sites.
Subd. 7. "Nonresidential authorized dock use area" means an authorized dock
use area p~ovidin8 watercraft storage facilities at nonresidential sites and shall
consist of commercial ma~ina,..private club~ municioal: and transient authorized
dock use areaS:m and shall include all watercraft stored for use on the lake.
a) "Commercial marina authorized dock use area" means a nonresidential
authorized dock use area 10~oviding multiple watercraft storage facilities for rent
or hLre.
b) "l~ivate club authorized dock use area" means a nonresidential
authorized dock use a~ea providing multiole watercraft storage.facilities by a~
nonorofit club for the exclusive use of its members.
c) "Municipal authorized dock use area" means a nonresidential autho-
rized dock use area pr.oyiding multiple watercraft storage facilities for rent or
ire bz a municipality.~
d) "Transient authorized dock use a~ea" is an authorized dock use area
established for %emnorary s~orage Of %ransien~ watercraft in suspo~t of a non-
residential lake shore establishment.
Subd. 8. "Site" means any shoreline lot, parcel or other piece of property
legally subdivided and recorded in the office of the County Recorder.
Subd. 9.- "Slip structuzre" means a structure designed solely to secrete a
watercraft for the purpose of p~o%ecting it from damage from sun, wind, storm or
rain; the term does not include boat houses, decks, roofs or s~milar structures.
Subd. 10. "~oa% house" means a permanent year-round boat shelter.
Subd. 11. "Deck" means a struct~e other than a dock, or element thereof,
measuring more than six feet in length or width, located above the su~face of the
lake and designed for use as a platform, floor, cover, or any combination thereof.
Subd. 12. "Roof" means a permanent dock cover.
Subd. 1 ~.
tion on water.
"Watercraft" means any contrivance u~ed or designated for navi6a-
Subd. 14. "Boat" means a watercraft customarily stored on the water including
motorboats and sailboats.~ but not includin~ all watercraft customarily sto~ed on
shore and used in the summer shore zone~ and non-motorized watercraft uo to 16
feet~ mgtorized .watercraft up to 16 feet and uo to: but not in excess of, 10 horse-
power, paddleboats, canoes and other non-motorized devices intended for use close
to shore.
Subd. 15. "Boat density classification criteria" means the standards
.~uidelines adooted b~ the LMCD establishing, classifications for de~aTees of boat
use in v~iovm pa~ts of the lake.
Subd. 16. "Summer shome zone" means that area of the lake within 150 feet
of the shore line or an authorized structume.
Subd. 17. "Commercial or nonresidential dock" means a dock or dock structure
owned and operated by .a muni..ci.~ality, or a dock used in con~unction with a com-
mercial or other revenue producing business enterprise including a _u~ivate club.
Subd. 18. "Launching facility" means any access to or from the lake including
a dirt roadway, fabricated ramo, track, mechanical cont~ivance~ or other device
or construction used in transferring watercraft fz. om land to water.
Subd. 19. "Private club" has t.he meaning given bY Minnesota St.a~. t_es., Section
540.07, Subdivision 15: the term does not incIude a homeowner's association~ am.
outlot association, or other s~m~lar or~.anizations whose membership is restr_icted
to, or comprised in major part of, owners of property not abutting the lake who
have an interest in or right to use an outlot or similar tract or oarcel of land
located on the lake. A private club that does not have as its primary ouroose to
promote, teach and conduct a water related sporting activity shall for the puroose
of this o~dinance be considered as a commercial marina authorized dock use area as
defined in Section 3.01, Subdivision 7(a) and Section 3.02, Subdivision 12. 0nly,
private clubs that have a primary purpose to p~omote, teach and conduct a water
related sporting' activity and maintain an LMCD approved schedule of suoervised water
~e~ate'd spo~ing events will be included as a orivate club as defined in Section
3.01, Subdivision ~'(6') and Section 3.02, Subdivision 1~.
153
Sec. 2. LMC]) Code, Chapter III, is amended by adding a new section to read:
3.011 t Polio,y: Pt~pose. Subdivision 1. Policy determinations.
The Board of Directors of %he LMCD finds amd determines that:
a) extensive platting amd development of lsmd o~ %he shore of the lake
is occ~v~ring amd is likel,y to occ~ in the future;
_b) such ~lat%in~ and develonmen% di~ec%l[ and indirec%!y increases the
storage of boats along the shore of the lake;
.c) there appea~s to be a demonstrable relationship between boat storage
on the lake and %he intensi~y of boa% usage on the lake; and
d) the intensity of boat storage on the lake shore has the effect of:
d~m~nishimg the aesthetic smd recreational qualities of the lake~ increasin~
congestion along the shoreline endamgerin~ %he s.a~.ety of users of the lake;
reducing the to%al a~ea of lake s~face available for ~ublic use; adverse_l.F
affecting wildlife amd its habitat on the lake and along the lake shore; amd
polluting the lake amd its shore.
Subd. 2. Purpose. It is the purpose of this chapter to carry out the LMCD's
.statutory. r. esponsibility under the enablin~ act to sec%~e the safety of the public
and to insure the most general .pu.b. lic...us.e~ of the lake. It shall further be the
purpose of this chapter to identify and establish use standards for the waters
abutting the shoreline of the lake that will be used for boa~ storage purooses and
to classify them either residential o~ nonresidential authorized dock use areas.
Sec. 3. LMCD Code, Section 3.02, Subdivision 3, is amended to read as follows:
Subd. 3- Exceptions: Modifications of Authorized Dock Use Area.
a) Two adjoining site owners may, by mutual agreement, adjust these
side site setback requirements or may use their combined authorized dock
use areas fo~ a single common dock o~ mooring area for their respective
private uses, but in a~y event, must observe these side setback requirements
at the oute~ site lines of the combined sites involved in such a joint use.
A dock or mooring area located, constructed, installed or maintained ~nder
this provision shall not be considered a "multiple dock or mooring area.';
b) Existing Sites. A site in existence u~on the effective date of this
ordinance in a residential area which does not meet the lake f~ont req~ir.~e-
merits of Section 3.02, Subdivision 10, may be utilized for a residential
authorized dock use area provided that all the following conditions are met:
1) That in the judgment of the LMCD such use does not adversely affect
the most general public use of the lake.
2) That not more than one boat may be stored on a site with less than
50 feet of shoreline, existing as of February 5, 1970.
That a site which has a lake frontage of 40 feet or more, but less
than 60 feet, may have a dock extending up to 60 feet into the lake.
Any such site which has a lake frontage of less than 40 feet may
h~ve a dock which extends beyond the authorized dock use area to the_
5
point necessary to reach a water depth of three feet, and no further;
provided that no such dock shall be located or extended more than
60 fee% into the lake. Side setback requirements shall be observed,
however, unless a variance is granted by the Board under Section 3.04.
d) The length limitations prescribed by this ordinance may be adjusted
~mder the variance t~ovisions of Section 3.04 to allow the construction and
maintensmce of a dock in the lake to a water depth of three feet at the outer
end of such dock to provide adequate water depth for navigation and to urotect
the environmental quality or natural habitat of the water adjacent to the dock.
e) A 25-foot addition may be allowed at the outer end of a multiple dock
in a commercial marina authorized dock use area for the puwpose of fuel sales
and related service, but in no case for the storage of watercraft or rental of
dock space.
Sec. 4. ~CD Code, Section 3.02 is amended by adding subdivisions to read:
Subd. 10. Residential Dock Use A~eas. A residential dock use area must con-
rain a minimum of 100 feet of shoreline, excluding navigational channels for access
only.~ to be measured at the elevation of 929.4 and be for the use of the occupants
of a single dwelling unit. Only one dock structuzre is permitted and not more than
two boats may be stored at. any dock within a residential dock use area~ exceot that
three boats may be stored at a site containing 150 feet or more of shoreline. Mul-
tiple dock struct-o~es will not be permitted for a residential authorized dock use
area except as a variance under Section 3.02, Subdivision 11.
Subd. 11. Variances: Residential Dock Use A~eas. Within aresidential area
where, because of topography, environment or other unusual conditions unique to the
a~ea, it becomes impractical to construct individual docks, a'variance may ~e.
granted pursuant to Section 3.04 to allow the construction of a multiple dock
structure subject to the following requi~eme~s:
a) An environmental need, in the public interest, must be demonstrated
to exist.
b) An annual license is requi~ed by the LMCD for a residential multiole
dock structure combining individual residential docks.
c) Only one watercraft slip and one watercraft is to be permitted for
each 50 feet of shoreline excluAing channels for access only, when residential
docks are combined in a multiole dock structure. A lawful homeo%~ner's associ-
ation may store watercraft at the rate of one watercraft per 50 feet of shore-
line over the riparian lands of the fee owner and the association.
'Subd. 12. Commercial Marina Authorized Dock Use A~ea. A commercial marina
authorized dock use area may be est~0tished if it meets all the following conditions:
a) Except for commercially zoned smd licensed marinas in operation and
existence as of the effective date of this ordinance, no new ma~ina operation
shall be established on any bay without consideration of the ~CD boat density
classification criteria, or where in the judgment of the LMO~ such use
adversely affects the public safety or the most general public use of the lake.
b) the ~% operate p~ri~r, ar~~ services to the
_general b~-~ing~Sblic, including[ ~u{ not 1Lmi'4~l~' to, watercr--~ s--~or~ and
m00ri~g £'acilit~.6~, r. epa~ towing,' la-0h6hlng, fueling, sanitary pumpouts~
and boa~ re~tal.
c) The marina must provide trees amd shrubber~ on the premises 2o pro-
%ec2 the shoreline visual amenities as viewed from the lake.
d) The total number of watercraft stored for use on the lake shall not
exceed the mumber auihorized by the license issued for the marina.
e) The marina shall comply with all local, state and federal safety
regulations applicable to facilities add services provide~.
f) Except for commercially zoned amd licensed marinas in existence and
operation ss of the effective d~{'e o£"this' or'dinahce, a marina shall have a
contiguous minimum lake frontage of 500 feet excluding navigational channels
used fo~ access only.
Subd. 13. Private Club Authorized Dock Use Area. J~ nrivate club authorized
dock use area may be established only when all the following conditions are met:
a) Ail docks and watercraft slips shall be installed, owned and main-
rained by a private club whose principal purpose is to !aromote~ teach and
conduct a water related sporting, activity. The private club must maintain
an approved schedule of supervised water related sporting events.
b) Except for commercially zoned and licensed private clubs in operation
and existe~C~ as o£ the effective date of this ordinance, no new nrivate club
authorized dock use area shall be estab!isheR without consideration of %he
LMCD boat density classification criteria.
.9) The total number of watercraft stored for use on the lake shall not
exceed the number authorized by the license issued for the dock.
The mrivate club ~:hall comply with all local, state amd federal safety
~egula%ions applicable to i[acilities and services pr0vid~d.
e.) A contiguous lake shore front footage o£ 500 feet excluding naviga-
tionat channels user for access only, must be available.
~) The club must urovide trees ~d shrubbery on the premises .to .?rotect~
the shoreline visual amenities as viewed from the lake.
Subd. 14. Municipal. Authorized Dock Use Area. A municipal authorized dock
use area may be established only when all the following conditions are met:
a) All watercraft storage facilities including moorings shall be in-
stalled, owned and operated by a municipality.
.b) All watercraft stored in the area must meet boat storage density
requirements under Subdivision 10.
_c) The total number of watercraft stored for use on the ls~ke shall not
exceed the number authorized by the license issued for the dock.
~) The facility shall comply with all local, state and federal safety
regulations apolicable to facilities an~ services Drovided.
Subd. 15. Municipal.Dock Use Areas: S~ecial Designations. A municipality
may de..si~q, ate all or a portion of a munition! authorized dock use area as a resi-
dential authorized dock use area provided that: I
.a) Each dock within the area complies with Bubdi¥isi0n 10.
b) Each dock within the area is for the sole use of the occupants of
the residence which front is on the abuttin~ lake shore site within the
municipal authorized dock use area.
.c) A single dock is allowed for each single family dwelling unit within
the muDicipal authorized dock use area.
d) If a portion of the municipal authorized dock use area is so desig-
hated, the remainder o£ the area shall comnly with the requirements of Sub-
division 14. The provisions of Subdivision 11 does not apply to areas
designated as residential authorized dock use area under this subdivision.
e) The municipality must provide trees and shrubbery on the premises
to protect the shoreline visual amenities as viewed from the lake.
Subd. 16. Transient Authorized Dock Use ~=ea. A transient authorized dock
use area may be established only when all the following conditions are met:
.?) All docks and w. atercra~..sl..ips shall be installed~ ov~ed'and main-.
rained by a municipalit-y or municipally, licensed commercial establisb_ment.
b) The docks and watercraft slips are for the exclusive use of %ra~nsient
users of the commercial eStab!ish~ent and no watercraft shall be permitted to
remain overnight.
c) The authorized dock use area shall be contiguous to lake shore
property owned or operated by %he nonresidential establishment in which the
principal nonresidential structure is located.
d) A contiguous minimum lake shore front footage of 200 feetsha!l be
available.
e) Transient facilities may not be converted to any other use.
~J Exceot for commercially zoned and licensed transient facilities in
ooeration as of the effective date of this ordinance~ no new transient facility
may be ~.~tablished without review under LMCD boat density classification c~iteria.
g) The total number of watercraft temporarily stored for use in the lake
shall not exceed the number authorized by the license issued for the dock.
Trees and shrubbery must be urovided on the uremises to protect the
shoreline visual amentities as viewed from the lake.
Subd. 17. Leasing of residential dock use areas. No person may sell, rent
or lemse any soace within dock use areas for watercraft storage purooses in any
residential authorized dock use area.
Subd. 18. Launching Facilities. A launching facility may be established if
the following conditions are met:
.a) The facility would not adversely affect the public safety or the
]orotection of the most general public use of the lake taking into consider-
ation lake ~se and density a~d the ~dCD boat density cl~ssif~cation criteria.
~) An annual license is issued for its use and operation.
~c) Municipal approval has been obtained to assure control of and
adequacy of parking a~d of roadway ingress and egress.
2) A minimum of 200 feet of take shore frontage is available excluding
navigation channels used for access only,.
e,) Rack or other multiple on la~d storage of more than two boats ~er 100
feet of shoreline in conjunction with boat launching .facilities are permitted
9nly in commercial marina, municipal or private club authorized dock use areas.
.f) Launching facilities shall not be allowed in transient dock use areas.
g) T~ees and shrubbery must be orovided on the p~emises to ..protect the
shoreline visual amenities as viewed from the lake.
Subd. 19. Lighting. No lighting in the area of the lake shall be so installed
or directed so as to affect adjoining dock use areas or create a hazard to
navigation.
Subd. 20. Setbacks. New multiole dock use areas shall maintain side and
length setbacks 1~ times the length of the largest boats to be served and stipways
twice as wide as the length of the largest watercraft to be served, or ~0 feet~
whichever is ~_eater. At municipal zoning boundaries setbacks shall be doubled.
All dockage must meet state Fire Marshall's code requirements.
Subd. 21. A~p!ication to Existing Facilities. The u~ovisions of Subdivisions
10 through 20 of this Section 3.02 aooly to existin~ facilities which do not other-
wise conform to said subdivisions as follows:
a.) A nonresidential authorized dock use area lawfully in existence on
the effective date of this ordinance may continue in operation but must con-
form to all other aoolicable regulations of this chapter.
b) A single family reaidential authorized dock use area lawfully
existence on the effective :i?~te of this ordinance may continue in ooeration
but must conform to all othez' applicable regulations of this chaoter.
.q) All residential multiple dock struct-u~es lawfully in existence on
the effective date of this ordinance may continue in ooeration but shall be
brought into conformance with all re~mtlations of this cha0ter no later than
ten years after the effective date of this ordinance. After 1.978: como!lance
shall be at the rate of 10%per year.
Sec. 5. LMCD Code, Section ~.021, is amended by adding a subdivision to read:
Subd. 4. Commercial Watercraft. It is unlawful for any person to ooerate or
maintain on the lake a watercraft, boat, raft or other floating structure, either
free-floating or moored, which is desi~a0ed for use as a restaurant or an.¥ other
co~vm~ercial use, except excursion boats operating from a bonafide commercial base.
Sec. 6. I~{CD Code, Section 3.10, is amended by adding a subdivision to read:
Subd. 8. District Mooring Areas. A District Mooring Area ma~[ be established
on the lake if it meets all the fol!owin~ conditions:
.a) Except for District Mooring Areas in operation and existence as of
the effective date of this ordinance~ no new DiSt~i'6t"Moo~ing Areas may be
established on any bay which is classified critical usin~ I2~CD boat density
classification criteria.
.._b.) The District Mooring Area must operate primarily to ..provide sailboat
moorin~ facilities to the ~eneral oublic.
9) The facility must u~ovide trees and shrubbery on the premises to
protect the shoreline visual amenities as viewed from the lake.
.d) The total number of boats stored for use on the lake shall not exceed
the number authorized by the permit issued for the facility.
.e) The facility shall comply with all loca!~ state and fede_~al regula-
tions applicable to facilities and services provided.
f) A contiguous minimum lake front footage of 500 feet excluding navi-
gational channels used for access only, must be available.
This enactment is in effect on , 19 , in accordance
with the Enabling Act of the District. It is enacted by a majority vote of all the
members of the Board and has the effect of an ordinance.
Attest:
Thomas S. Maple, Jr., Chairman
Frank Mixa, Executive D~_~ector
14J
ON LAKE; lVlINNETONI(A INDIAN BURIAL MOUNDI~
5341 MAYWOOD ROAD TELEPHONE
MOUND, MINNESOTA 55364 (612) 472-1155
January 9, 1978
TO:
FROM:
SUBJECT:
The Park Commission
The City Manager
Eagle Lane Access
Last summer the Park Commission recommended that Eagle Lane be closed
from boat launching. It has remained closed also for winter access.
Mr. Herman Schrupp, 1652 Eagle Lane, has asked if this can be opened
for winter access?
cc: City Council
TONKA U.S.A.
Tonka Toys
5300 Shoreline Boulevard
Mound, Minnesota 55364
Telephone: 612/472-8000
Telex: 290219
January 9, 1978
Mr. Leonard Kopp
City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
Subject: Retroactive Sewer Bill
Dear Mr. Kopp:
We are in receipt of the retroactive sewer bill for that portion of
water discharged into the Mound sewer system based on 70% of water
purchased through our meter No. 4. Our Accounting Dept. is in the
process of issuing payment for this bill.
I just want to reiterate that the 70% quantity is our best estimate
at this time and as we discussed, will be verified when the City of
Mound takes flow measurements in the Spring. At that time the
actual billing should be established and Tonka will pay any differences
or receive credit for any difference between the measured flow and
the 70% estimate.
'Thank you for your cooperation.
Sin cere ly,
T0 A
~?.~hJ. Profai~r
P~ant Engineering Manager
JJP: rmw
cc: E. Peterson
B. Hocks
City of
POLICE/CRIME ACTIVITY REPORT
MOUND 1Month December Year '/7
I. GENERAL ACTIVITY SUMMARY
THIS YEAR IdkST YEAR
ACTIVITY MONTH TO DATE TO DATE
Traffic control (citations & warnings) 387 2516
DWI 5 44
Property damage accident 10 140
Personal injury accident 1 67
Fatal accident 0
Adult felony & misdemeanor arrests 10 67
luvenile felony & ~nisdemeanor arrests 4 58 .
Medicals 14 1Z0
Animal complaints 63 411
Part I & Part II Offenses 25 436
Other general investigations 438 4589
TOTAL 957 8,449
PROPERTY LOSS/R
II. nY SUMMARY
#
ITEM STOLEN RECOVERED
Bikes .......................
Boats ......................
Clothing $ 105 ...........
Currency, notes, etc. $ 110
Jewelry & precious metals .................. . ....
~,uns ............
Home Furnishings ............ $ 65,000
Radio & Electronic equipment .......................
Vehicles & vehicle equipment ............ $ 10,000
Miscellaneous $ 293 $ 343'
TOTAL (for individual city) $ 508 $ 75,343 '
GRAND TOTAL (all cities con~bined)
$ 11,088 $ 83,339
III. OFFENSE ACTIVITY SUMMARY
PART I CRIMESO~ ~ ~ ~ O~ ~° O
~ -
Adul~ Juv.
Hon~icide
Rape .........
Robbe'~y' . .......
As sault 1 i 1.......
Burgl.~ ry .. 1 1 1
La rceny . 8 8 1' Z
Vehicle Theft
TOTAL 10 0 10 0 Z 3
. , ,. , ~ ........ '~ ,, :.; .,
: PART II CRIMES
Arson
~orgery &[iC .o. Unte frei, ting ............
Fraud 1 1
]Embezzlement' :- 1 ......1 1
~ole'~ ProP_e.r. ty" .
Yandalism 5 5
?Veapons
Prostitution ~ Commercialized Vice
Sex Offenses 1 1 1
Na rcotic drug_ 1...a~v..s. . . 1 1 ~ 1
Gambling
Offenses against f.amily & chii~'r~'~ ......
.Driving under..the inf!uFnce 5 ' 5" 5' '
.Liquor. Laws
Public Peace 1 l 1
AIl other offens-es .......
TOTAL 15 o 15 0 8 1
TOTAL PART I & PART II CRIMES
-,
~t loOLIC~/C RIME A C TIVITY REPORT
Gftles of 1MOIJIWD, SPRING I~ARK, Month
MINNETRISTA & ST. BONIFACIUS
Dec. Year 77
I. GENERAL ACTIVITY SUMMARY
THIS YEAR LAST YEAR
ACTIVITY MONTH TO DATE TO DATE
l'raffic control (citations & warnin§s ) 533 4954
DWI 9 71
Property danaage accident ZO 220 -'
Personal injury accident 3 100
Fatal accident 0 1
~dult felony & misdemeanor arrests 15 106
Juvenile felony & misdemeanor arrests 4 85
VIedicals 19 173
~nimal complaints 92 . 603
Part I & Part II Offenses 43 607
Other gene ral inves'tigatlons 672 7541
~FOTA L l, 409 14,461
PROPERTY
LOSS/RECOVERY SUMMARY
Bikes
Boats
ITEM
Clothing
CurrencY, note's, etc.
[exvelry & precious metals
~unS
Flome Furnishings
Radio & Electronic equipment
Vehicles & vehicle equipn~ent
Miscellaneous
TOTAL
$105
STOL~.N
$ 734
$ 1,000
$ 3,519
$ 2,125
$ 3,605
RECOVERED
$ 2Z6
$ 65,000
$ 3,500
$ 11,675
948
$ 11,088
$ 83,349
OFFENSE AC SUMMARY
o
Aflul~ Juv.
~ape .....
Robbery ...... .
As sault 1 l
Lateen 16 16 1
~ehicle Theft 4 Z g
TOTAL Z2 Z Z0 0 Z 3
:PART II CRIM]~S
ir soil
Forgery & Counterfeiting ._.
Fraud 3 3 . 2'
Ernbezzl.emen..t } l .1.., l
~to'l~n ProPerty ......
v .&Usm 'S f, .......
~Veapo. ns
l°rostitution'& Commercialized Vice
Sex Offenses 1
Narcotic drug laves,,, 1 1 ' 1
.Gambling
pffe. n,s,es against, fam-ily & children.,
Driving under the in,f~luence .... 6 6 .,, 6
.Liquor .Laws
Public peace 1 .' 1 1
All other offenses 1 l 1
TOTAL ' 19 0 19 0 12 1
TOTAL PART I & ]PART II CRIMES
4l 2 39 0 14 4
west hennepin human services planning board
4'lst and Vornon South / St. Louis Park, Minnesota 55416
929-5533
TO: City Managers and City Clerks
Please pass this letter and information on to your MaYor and
City Council,
It is important that elected officials as well as City Managers
attend this meeting.
west hennepin human services planning board
41st and Vernon South / St. Louis Perk. Minnesota 56416
TO:
FROM:
RE:
West Hennepin Area Municipal Officials
Marcy Shapiro, Director, WHHS
Funding of Community Planning Boards
I am writing to invite you to a meeting with some of the Hennepin
County Commissioners regarding the resolution that the County
Board is considering about the funding of Community Planning
Boards. The meeting will be Thursda~ Januar. y 19, 1978 at 2:$0 p.m.
at the Minnetonka City Hall, 14600 Minneton'ka ~u'levard.
Commissioners Kramer and Robb from the West Hennepin.area as well
as Commissioners Ticen {who introduced the resolution) and Spartz
{who is Chairman of the Board's Health and Social Services Committee)
have all agreed to attend. In addition, Commissioner Olkon has been
"invited, but h~r a~ten~ance has not yet been confirmed because she
is out-of-town.
At a meeting hosted by WHHS on November 28, 1977, municipal officials
agreed that there was a need .for direct discussion with the
Commissioners. This meeting will be an opportunity to express
your concerns about the resolution to the Commissioners and to
begin this direct discussion.
After this meeting with the Commissioners, WHHS with the other two
planning boards {Northwest Hennepin and South Hennepin) will be
drafting a resolution which can be acted on by all of the city
councils that belong to the three planning boards. It was generally
expressed at the November 28th meeting that this resolution ought to
include the following points: support for the concept and the activi-
ties of the planning boards, the responsibility of the County to plan
and provide for human services, the maintenance of current levels of
funding by the County, and the need for this funding issue to be
resolved on a longer term basis, so that it doesn't surface every
year. We would be interested in heari.ng your reactions to these
points and any other points which might be made.
We look forward to seeing you at this meeting.
133
WEST I{EN~E?!~; }IU~[A[: SERVICES
1977 and 1978 ~udgets
Ccun ~y Funds
Municipal Funds
1977
$37,272
&,235
$41,507
1978
$39,640
4,235
$43,875
*. ~.' 1~78., BudEet is 5.7% increase over 1977
* Projected 1979 Total Budget if there would
over' i978 budget - $46,376
be a
5.7Y? increase
'lunicipal Contributions
Deephaven
Excelsior
Hepk in s
~.lin n etonka
?[oun d
Oron o
Plym o~ th
'St. Louis Park
Shorewood
Wayzata
TO?~_L
~'. of Popu!ati~n
of ~'~est Hennepin Area
2.4
1.8
10.5
24.0
5.5
4.5
i5.3
30.7
2.8
2.5
100.0%
Projected 1979
contributions if
of projected 1979
budget
371
27~
1,623
3,710.
85O
696-
2,365
4,746
433
396
15,45B
1/3
138
RESOLUTION NO.
Commissioner , Chairman,
offered the following resolution:
Committee
BE IT RESOLVED that for purposes of the development of the 1979 Community
Planning Budget, and not withstanding other County policies established for
the funding of community planning, staff be guided by the principle that County
financial support shall not exceed two-thirds of the costs of eligible services
provided by community planning organizations.
BE IT FURTHER RESOLVED that in order to provide currently funded community
planning organizations with sufficient lead time to develop additional sources
of financial support in 1979, staff be directed to meet with representatives of
these organizations to explain this policy and procedures for its implementation.
The question was on the adoption of the resolution and there were~
and NAYS as follows:
YEAS
HENNEPIN COUNTY
BOARD OF COUNTY COMMISSIONERS
YEA NAY OTHER
Jeff Spartz
Thomas E. Ticen
Richard E. Kremer
E.F. Robb, Jr.
Sam S. Sivanich
Nancy Olkon
John E. Derus, Chairman
ATTEST:
Deputy County Auditor
STATE OF MINNESOTA
DEPART~[ENT OF NATURAL RESOURCES
MINNEHAHA CREEK WATERSHED DISTRICT
In the Matter of the Petition of
the Cities of Minneapolis, Edina,
St. Louis Park, Hopkins and
Minnetonka, and the Minneapolis
Park and Recreation Board for a
Basic Water and Land Management
Improvement Project for Minnehaha
Creek.
In the Matter of the Application
of The Minnehaha Creek Watershed
District for a Permit to Construct
a new Minnehaha Creek Headwaters
Control Structure at the Gray's
Bay Dam Site, Lake Minnetonka.
NOTICE OF JOINT
HEARING
A public hearing on the above-entitled matter will
be held on Wednesday, February 8, 1978, at the Minnetonka City
Hall, 14600 Minnetonka Boulevard. The hearing will begin4at
1:30 p.m., and continue at 7:30 p.m. The afternoon session
is intended primarily for governmental testimony, the evening
session for public testimony. The hearing is being held
jointly by the Minnehaha Creek Watershed'District and the
Minnesota Department of Natural Resources and the U. S. Army
Corps of Engineers.
The subject of the joint hearing will be a series of
improvements which the Minnehaha Creek Watershed District has
been requested to undertake by the Cities of Minneapolis, Edina,
St. Louis Park, Hopkins and Minnetonka, and the Minneapolis Park
and Recreation Board. The Minnehaha Creek Watershed District
Board of Managers will consider the series of improvements con-
templated by the petition of the municipalities listed above, as
described in the preliminary engineering report of the district's
engineer dated August 2, 1974, as supplemented by an amendment
dated December, 1977. The Minnesota Department of Natural
Resources and the Corps of Engineers will consider the applica-
tion of the District for a permit for the proposed headwaters
control structure at the Gray's Bay dam site, Lake Minnetonka.
The Department of Natural Resources will also review and comment
on the downstream improvements. The Corps of Engineers will
issue a notice of hearing on the projects which will describe
the projects, the regulatory authority of the Corps of Engi-
neers and the scope of review by the Corps of Engineers, as
well as procedures applicable to the decision to be made by
the Corps.
1. Background. The proposed improvement project was
initiated by petition of the Cities of Minneapolis, Edina, St.
Louis Park, Hopkins and Minnetonka, and the Minneapolis Park
and Recreation Board dated September, 1973. The Board of Mana-
gers of the Minnehaha Creek Watershed District directed t.he
preparation of a preliminary engineering report on the proposed
improvement, which report was submitted August 2, 1974. After
receiving the preliminary engineering report, the Managers of
the Minnehaha Creek Watershed District directed that a public
hearing be held September 11, 1974 to determine whether the
projects as described in the preliminary engineering report
should be authorized by the Board of Managers of the Minnehaha
Creek Watershed District.
Thereafter, the Managers directed the preparation
of plans and specifications and an environmental assessment
of the project. Permit applications were also submitted to
the Department of Natural Resources by the Minnehaha Creek
2
.1.35
Watershed District for the projects identified in %he pre-
liminary engineering report, including a headwaters control
structure at a site approximately 8,000 feet downstream of
Gray's Bay dam.
On July 28, 1976, the Department of Natural Resources
issued notice of a hearing to be held August 11, 1976 on the
permit application of the Minnehaha Creek Watershed District
for a headwaters control structure and to review its determina-
tion of an official ordinary high water mark for Lake Minnetonka
(permit application no. 76-6240). The U. S. Army Corps of
Engineers scheduled a hearing on the same project for August
11, 1976, to be held jointly with the Department of Natural
Resources.
The Department of Natural Resources issued permits
for the downstream projects. On May 3, 1977, the Department of
Natural Resources denied the District's application to construct
a headwaters control structure at the site 8,000 feet downstream
of Gray's Bay.
Thereafter, the Managers directed the district engi-
neer to update the preliminary engineering report to evaluate
whether the alternate site III, as identified in that report,
was practicable and would accomplish the intended purposes of
the structure as envisioned by the petition. The engineer was
also directed to update the preliminary engineering report as
to the other downstream projects as necessary.
The engineer submitted his amendments to the pre-
liminary engineering report dated December, 1977. This
amendment concluded that use of the alternate site III was
practicable and feasible and in conformity with the overall
3
plan of the Minnehaha Creek Watershed District. The amen~-
men% also updated the preliminary engineering report as to
the downstream projects.
The preliminary engineering report and the amend-
ments were submitted to the director of the Division of Waters
of the Department of Natural Resources and to the Minnesota
Water Resources Board as required by Minn. Stat. § 112.48,
subd. 3, on December 22, 1977. The reports of the director
of the Division of Water and the Minnesota Water Resources
Board will be available prior to the hearing.
2. Project Description. A general description of the
proposed improvements as described in the preliminary engi-
neering report as amended includes the following:
1. A headwaters control structure for Minnehaha
Creek to be located at the Gray's Bay dam site. The purpose
of the proposed control structure is to (a) stabilize lake
levels on Lake Minnetonka to the maximum practicable extent
between elevation 928.6 MSL and 929.4 MSL to minimize flood-
ing on the lake and maintain more adequate year-end lake
levels; (b) limit the discharge to Minnehaha Creek to the
maximum practicable extent to 250 cfs to reduce downstream
flooding; (c) to provide Minnehaha Creek flow augmentation.
The management objectives proposed to be accomplished are
set forth in greater detail in a proposed management policy
adopted by the Minnehaha Creek Watershed District Board of
Managers on November 17, 1977.
2. Gray's Bay dam site renovation.
3. A series of recreational development and
channel improvement projects throughout most of the length
of Minnehaha Creek. The purpose of the downstream projects
is to improve the recreational and aesthetic benefits of the
Creek, including:
a. A canoe portage across County Road 73.
b. Recreational access to Minnehaha Creek
at the followin9 locations:
(1) Thirty-second Street at the South
end of Hillsboro Avenue in St. Louis Park.
(2) The west side of the Creek between
Thirty-sixth Street and Highway 7 in St.
Louis Park.
(3) At the intersection of Brookview
Avenue and Edgebrook Drive in St. Louis Park.
(4) South of the 7300 block of Oxford
Street in St. Louis Park.
(5) At Louisiana Avenue, west of
Methodist Hospital in St. Louis Park. =
(6) Utley Park in Edina between 50th
Street and Minnehaha Creek west of Wooddale
Avenue.
c. The placing of signs along the Creek laying
off creek distances in kilometers and identifying
creek hazards.
d. The removal of obstructions, repair of
small structures and erosion prevention measures
at several points along Minnehaha Creek.
4. The development of a~ nature study area along
Meadowbrook Lake in St. Louis Park in the East 1/2 of the
Southeast 1/4 of Section 20, Township 28N, Range 21W as well
&
as the raising of the bridges over Minnehaha Creek in the
Meadowbrook Golf Course area to permit canoes to pass beneath
them.
The total preliminary cost estimate for the pro-
ject, including engineering and administration is $774,603.
The petition requests that the cost of the project be assessed
against all properties within the Minnehaha Creek Watershed
District by the levy of a tax not to exceed 1/3 mill annually
for a period of not to exceed 15 years pursuant to Minn. Stat.
~ 112.61, Subd. 3.
3. Nature of the Hearing and Issues. For the Depart-
ment of Natural Resources, the hearing is a contested case
hearing conducted according to the contested case provisions
of Minnesota Statutes, Chapter 15, Minn. Reg. HE 201-222,
and Minn. Stat. ~ 105.44. At the afternoon session of the
hearing the Minnehaha Creek Watershed District will present
evidence regarding its application to the Department of =
Natural Resources for a permit for the proposed control
structure. The Watershed District will also present evidence
regarding the overall series of improvements as described in
the preliminary engineering report. For the Department of
Natural Resources the issues are:
Whether the plans of the applicant are rea-
sonable, practical and will adequately protect
public safety and promote the public welfare.
The hearing examiner will be Howard L. Kaibel, Jr., whose
address and phone number are:
Office of Hearing Examiner
Room 300
1745 University Avenue
St. Paul, Minnesota 55104
Telephone: (612) 296-6910
6
The above-cited procedural rules are available at
the Office of Hearing Examiners or may be purchased from the
Documents Section of the Department of Administration, 140 Cen-
tennial Building, St. Paul, Minnesota, 55155, telephone:
(612) 296-2874. They provide generally for the procedural
rights of the parties including: right to be represented by
legal counsel, rights to advance notice of witnesses and evi-
dence, right to a prehearing conference, rights to present
evidence and cross-examine witnesses, and right to purchase a
record or transcript. Parties are entitled to issuance of
subpoenas to compel witnesses to attend and produce docmments
and other evidence. Persons wishing to intervene as parties
may petition the hearing examiner in the manner provided in
Minn. Reg. HE 210. Ail other persons who are affected by the
proposed project will have an opportunity to testify and
introduce exhibits. Persons attending the hearing should
bring all evidence hearing on the case including any records
or other documents. If persons have good reason for request-
ing a delay of the hearing, the request must be made in writ-
examiner '!at least five (5) days prior to
to
the
hearing
the hearing. A copy of the request must be served on the
agency and any other parties.
For the Watershed District the hearing is con-
ducted according to Minn. Stat. ~ 112.48, subd. 3. The Managers
desire to hear from affected landowners and governmental
officials and the general public regarding the proposed im-
provements. For the Watershed District the issues are:
Whether the proposed improvements, as
described in the petition as modified by
the preliminary report of the engineer,
will be conducive to the public health and
promote the general welfare, are in compli-
ance with the Overall Plan of the District,
the provisions of Minn. Stat., Chapter 112,
and whether the improvements are part of the
basic Water Management Plan of the District.
As to the Minnehaha Creek Watershed District, the
public hearing may be continued if necessary in order to allow all
interested parties to be heard, which continuation, if any, shall ~e
announced by the Managers at each preceding hearing giving the time
and place of the continued public hearing.
Questions about the hearing may be addressed to the
hearing examiner; to Gary R. Macomber, Popham, Haik, Schnobrich,
Kaufman & Dory, Ltd., attorneys for the Watershed District, 4344
IDS Center, Minneapolis, Minnesota, 55402, telephone: (612) 335-
933i; or to Special Assistant Attorney General William G. Peter-
son, attorney for the Department of Natural Resources, ~375
'Centennial Office Building, St. Paul, Minnesota, 55155, tele-
phone: (612) 296-3294.
Dated:
January _~ , 1978
GERALD D. SEINWILL, Director,
Division of ~:ers~
Departmen.t ~,~"',~/'~a~ir a~e ~o u r c e s
H. DALE PAL~r~ATIER, Secretary,
Minnehaha Creek Watershed Distr.ict
8
123
ON LAKE IViiNNETONI'O~ IHDIAN 19URIAL. MOUNDI~
534]. MAYWOOD RO,'AD TELEPHONE
MOUND, MINNESOTA 55364 (612) 472-1155
January 12, 1978
Representative Tad Jude
District 42A
Minnesota House of Representatives
State Capitol
St. Paul, Minnesota 55155
Dear Tad:
In reply to our telephone conversation,.attached is a copy of the
proposed bill to increase .~,he Fire Department pension and a copy of
the resolution from the Council requesting the Legislature to adopt
the act.
Also enclosed is a copy of the latest actuarial study of the pension
plan. The actual City expenditure turns out to be $2,500 less than
the Council anticipated.
Sincerely,
Leofiard L. Kopp
City Manager
LLK/ms
Encl.
cc: City Council
P.S.: Tad, I am sending a copy of this to Pillsbury; probably you
should touch base with him.
a bill for an ac%
relating to the city of Mound; firemen's service
pensions; amending Laws of 1976, Chapter 97, Section
1, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Laws 1973, Chapter 175, Section 1, as
amended by Laws of 1975, Chapter 117, Section 1, as amended
by Laws 1976, Chapter 97, Section 1 is amended to read:
Section 1. [MOUND, CITY OF; VOLUNTEER FIREMEN'S RELIEF
ASSOCIATION PENSIONS.] Notwithstanding any provision to the
contrary of Minnesota Statutes, Section 69.06, the Mound
volunteer fire department relief association shall pay to retired
firemen and newly retiring firemen qualifying with 20 years
of service and having attained the age of 50, a monthly
annuity not to exceed ~8 $145 per month. Payments may be
made retroactive to January 1, ~9~ 1978.
Sec. 2. This act is effective upon approval by the
governing body of the City of Mound and upon compliance with
the provisions of Minnesota Statutes, Section 645.021.
77-443
10-4-77
RESOLUTION NO. 77-443
A RESOLUTION REQUESTING THE MINNESOTA LEGISLATURE
TO ADOPT AN ACT INCREASING THE FIREMAN'S SERVICE
PENSION TO $145
WHEREAS, firemen are requesting an increase in their service pension
plan from $120 a month to $145 a month, and
WHEREAS, said request for increase would require Council action and
a new bill by the State Legislature, and
WHEREAS, said requested increase would raise the funding from the
present $27,200 per year to $39,200 (or a $12,000 increase
in the City's contribution) and
WHEREAS, fireman are requesting an increase in their pension plan
in lieu of a salary increase for the year of 1978.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MOUND, MOUND, MINNESOTA:
The City Council does hereby request the 1978 Minnesota
Legislature to adopt an act authorizing an increase in
the firemen's service pension plan to provide benefits of
$145 per m~nth.
Adopted by the City Council this 4th day of October, 1977.
77-443
10-4-77
NOIA%flDOSS~f
M-1210 12/77
TABLE OF CONTENTS
Sechion
1
2
3
4
5
'Appendix
A
B
C
A Brief Smlmary of the Census Data
The Actuarial Valuation
Contributions
Estimated Income of Fund During 1976
The Preparation of the Report
Actuarial Assumptions
Summary of Plan Provisions
Census Data
Page
1
2
3
4
5
6
7
M-1210
12/77
Section 1.
A Brief
Summary of
the Census Data
The data on which this actuarial valuation is based is summarized
below. Information on each member and beneficiary included
in the valuation is presented, in Appendix C.
Members No.t Ye.t .Rec.eivi.n.g Benefits
Active Members
Deferred Annuitant Members
Number
36
1
Prospective
Retirement
Annuities
$62,640
$ 1,740
Members currently Receiving Benefits
Retired Members
Disabled Members
Widows of Deceased Members
Children of Deceased Members
Deferred Members
Number
12
Annual Annuity
Payments
$20,880
--0--
--0--
--0--
--0--
-1-
M-1210 12/77
Section
2. The Actuarial Valuation
The results of the valuation on December
below.
1. Accrued Liability
2. Special Fund Assets
3. Unfunded Accrued Liability
(Prior Service Deficit)
4. Normal Cost
31, 1976 are shown
$444,229
$175,878
$268,351
$ 13,584
The actuarial assumptions used in determining these results
will be found in Appendix A.
~xplanation of Actuarial Terminology
Accrued Liability: The present value of benefits earned for service
prior to the valuation date under the actuarial method used.
The actuarial method used spreads the cost of total expected
benefits equally over each member's anticipated period of active
membership. The dollar amount shown as the Accrued Liability
represents the number of dollars that should be in the Special
Fund to provide for benefits already earned.
Unfunded Accrued Liability (Prior Service Deficit): This amount
is the difference between the Accrued Liability (the amount that
should be in the Special Fund to fully provide for benefits
already earned) and the actual amount of Special.Fund assets.
Normal Cost: The amount necessary, according to the actuarial
method used, to pay for benefits earned in 1977 (and each future
year until another actuarial valuation is completed).
M-1210 12/77
Section 3. Contributions
The Volunteer Firemen's Relief Association Guidelines Bill
of 1971, as amended effective July 1, 1973~ specifies minimum
support rates required on an annual basis. The minimum
support rates from the municipality and state aid are
determined as the amount required to meet the Normal Cost
plus amortizing any existing prior service deficit over a 20-
year period. This total contribution is shown below.
The contribution required by the municipality for any year is
determined by taking Item 3 below, and subtracting one year's
estimated state aid expected from the state pursuant to
Minnesota Statutes, Chapter 69.
Contribution to Amortize Unfunded Accrued Liability (Prior
Service Deficit) Over 20 Years
e
Normal Cost
Amortization Payment on Unfunded
Accrued Liability (Prior Service
Deficit)
Total Contribution Required if
made 1/1/77 (Includind State Aid)
Interest at ~ to 12/31/77
Total Contribution if made 12/31/77
$13,584
20,508
$34,092
1,705
$35,797
-3-
Section 4. Income of Fund During 1976
Members' Contributions
City or Village Contributions
--0--
13,419
State Aid
Total Contributions
Investment Income
Total Contributions and Income
13,782
$27,201
$ 9,218.00
$36,419.00
M-1210 12/77
Section 5. The Preparation.of the Report
This report has been prepared in accordance with generally
accepted actuarial principles and practices. This actuarial
survey was made in accordance with our understanding of the.
requirements of the Volunteer Firemen's Relief Association
Guidelines Bill of 1971, as amended effective July 1, 1973.
The usual care has been exercised in making the calculations
and presenting the results. The contents of this report are,
therefore, believed to be a correct appraisal of the state
of affairs of the Plan.
Respectfully submitted,
HEWITT ASSOCIATES
Rodger Patrick, ASA
M-1210 12/77
APPENDIX A
ACTUARIAL ASSUMPTIONS
Mortality Rates
Withdrawal Rates
Disability Rates
Retirement. Age
Interest Rate
Actuarial Method
The mortality rates used are based
on the United States Life Table,
1959-61, White Males and White Females.
These tables were used for active
members, retired members and for
survivors.
The rate of withdrawal of .060 at
age 20 decreasing uniformly to zero
at age 45 with no withdrawal after
that age.
The expected Normal Cost of any short
term weekly income benefits has been
determined as follows, and the
resulting cost has been included in
the Normal Cost shown on page 2:
If these benefits are insured, the
1970 annual insurance premium.
If these benefits are not insured,
the cost is determined using
appropriate claim statistics
published by the Society of Actuaries
from intercompany claims experience.
The assumed average retirement age
is 53.
Five percent compounded annually.
The Entry Age Normal Cost Method has
been used with the Normal Cost
determined as a level amount each ~ear
from the date of joining the Department
to the assumed retirement age.
-6-
Hewitt Associates
M-1210 12/77
APPENDIX B
SUMMARY OF PLAN PROVISIONS
Retirement Benefit
Requirements
Amount
Vesting Benefit
Requirements
Amount
Disability Benefit
Requirements
Amount
Lump Sum Death Benefits
Twenty years of service and 50
years of age.
Benefit When Minimum Requirements
Are Met: $145 per month.
Twenty years of service.
$145 per month, payment deferred
to age 50.
None.
$145 per month for life.
,R,e,qui remen t s,
Amount
None.
$1,500.
widow's and Children's
Death Benefit
Requirements.
Amount
Widow
Children
Maximum Family
Benefii
-7-
None.
$108.75 per month.
$36.25 per month to age 18 or
marriage.
$145 per month.
APPENDIX C
CENSUS DATA
P
?
!
17
MOUND
FIRE
DEPARTMENT
ACTIVE
AGE
~]pl. HDAY
~6
~0
~0
$0
2~
2B
75
RELIEF ASSOCIATION
MEMBERS
COMPLETED
YE~$ OF
SERVICE
g
?
P~OJEC1ED
ANNUAL
ANNUITY
$1,740
~,740
t,740
1,740
1,740
1,740
~,740
~'740
~,740
~,740
~,T40
~,740
~,740
~,740
~,740
~,740
1,740
1,740
~,740
~,740
~,740
~,740
~,740
~,740
1,740
115
CODE
MOUND
FIRE DEPARTMENT RELIEF ASSOCIATION
ACTIVE MEMBERS
(CONTINUED)
~GE COMPLETED PROJECTED
NEAPEST YEA~S OF ANNUAL
~IRTHDAY SEPVICE ANNUITY
25 2 $1,740
75 1 1,740
25 0 1,740
~5 0 1,740
2~ I 1,740
2Q 1 1,740
2~ 0 1,740
21 I 1,740
21 0 1,740
lq 0 ~,740
lq 0 1,740
MOUND
FIRE
CODE
NUMBER
2
4
6
7
1,0
1,1,
1,2
CODE
NUMBER
DEPARTMENT RELIEF
RETIRED MEMBERS
62
62
61,
58
54
54
54
53
52
52
52
51,
DEFERRED.MEMBERS
AGE
48
ASSOCIATION
EXPECTED
BENEFIT
$1.,740
~,740
1.,740
1.,740
1.,740
~,740
1,,740
1,,740
~,740
~,740
~,740
~,740
EXPECTED
BENEFIT
$~,740