4.10 SR 04-18-2022
Request for Action
To Item Number
Mayor and City Council 4.10
Agenda Section Meeting Date Prepared by
Consent April 18, 2022 Suzanne Fischer, Environmental Services & Special Projects
Director
Item Description Reviewed by
Resolution: Delegate Technical Environmental Cal Portner, City Administrator
Projects to Qualified Consultant
Reviewed by
Action Requested
Adopt, by resolution, the delegation of WCA Administration, Floodplain/Shoreline and Buffer Permit
Administration to the Consulting firm of WSB.
Background/Discussion
The Wetland Conservation Act of Minnesota (WCA) allows for cities to administer WCA activities through a
consultant with expertise in this law. These duties include the review of submitted applications dealing with
regulated wetlands, reviewing those applications with the Technical Evaluation Panel (TEP), issuing Notice of
Applications and Decisions, and keeping records of those applications with their determinations.
In addition to WCA, the city is responsible to manage Floodplain/Shoreland, Wild & Scenic Rivers, and buffer
setbacks associated with development. These regulations are identified in City Ordinance, Chapter 30 Land
Development Regulations, Divisions 10-13. Delegating these responsibilities to a qualified consultant would ensure
applicants are compliant with all regulations.
T he WCA also allows for a city to recover consulting fees in the administration the WCA. Examples in which these
fees can be recouped include an escrow system, fees schedule and bill back agreement. The only fees that are unable
to be recovered are fees associated with violation sites and the annual reporting.
This contract will be used until the Environmental Services & Special Projects Director has completed certification.
Financial Impact
$107/HR
Mission/Policy/Goal
Environmental Protection
Attachments
Resolution
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
City of Elk River
City Council
Resolution 22-
A Resolution of the City of Elk River Approving Delegation of the
Administration of the Wetland Conservation Act (WCA), Floodplain,
Shoreland, and Buffer Programs to a Qualified Consulting Firm
WHEREAS, The City of Elk River has accepted the authority and administrative responsibility to
implement the Wetland Conservation Act (WCA), and manage Floodplain/Shoreline permits, within
the legal boundaries of Elk River in accordance with Minnesota Rules, Chapter 8420; and
WHEREAS, The City of Elk River is authorized by Minnesota Administrative Rules Part
8420.0200, Subpart 2, Item C, to delegate certain functions about implementation of WCA,
including the authority to make decisions on applications, with its staff.
WHEREAS, The City of Elk River is responsible to manage Floodplain/Shoreland, Wild & Scenic
Rivers, and buffer setbacks associated with development, as identified in City Ordinance, Chapter 30
Land Development Regulations, Divisions 10-13.
WHEREAS, Delegation of the above responsibilities to a qualified consultant would ensure
applicants are compliant with all regulations.
THEREFORE, BE IT RESOLVED by the City of Elk River City Council, that decision-making
authority for WCA {exemption, no-loss, wetland boundary and type, sequencing, replacement plan, and wetland
2
banking} applications is placed with the qualified consultant firm of WSB Engineering.
The following members were present:
and
the following absent: .
th
Passed and adopted this 18 day of April 2022.
BY: ________________________
John J. Dietz, Mayor
ATTEST:
_________________________
Tina Allard, City Clerk