HomeMy WebLinkAbout2010-05-19 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 5/19/10
PREPARED BY Community Development Howard Blin
ORIGINATING DEPARTMENT STAFF AUTHOR
COUNCIL ACTION REQUEST
1. Consider adopting a resolution regarding the administration of the Minnesota Wetland
Conservation Act (WCA).
2. Consider adopting a resolution delegating certain functions to the Community Development
Director or their designee for the implementation of the Minnesota WCA.
STAFF RECOMMENDATION
1. Adopt the resolution regarding the administration of the Minnesota WCA.
2. Adopt the resolution delegating certain functions for implementation of the Minnesota WCA.
ADVISORY COMMISSION ACTION
❑ PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES /RIGHTS
❑ ECONOMIC DEV. AUTHORITY
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SUPPORTING DOCUMENTS
DATE REVIEWED
APPROVED
DENIED
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® MEMO /LETTER: Memo from John McCool dated 5/10/10
® RESOLUTION: Draft - Administration of MN WCA
Draft - Delegating certain functions of the MN WCA
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
L A - City dministrator Date
COUNCIL ACTION TAKEN: (APPROVED ❑ DENIED ❑ OTHER
a -
CITY OF COTTAGE GROVE
e MINNESOTA
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John McCool, Senior Planner
DATE: May 10, 2010
RE: Wetland Conservation Act — Administration Responsibilities
Proposal
The Minnesota Wetland Conservation Act (WCA) requires local governmental units to imple-
ment Minnesota Rules, Chapter 8420, and the WCA regulations. These rules and regulations
require each local governmental unit to adopt a resolution assuming the responsibilities im-
posed by these statutory requirements. For these reasons, it is recommended that the City
Council adopt the following:
1) A resolution regarding the administration of the Minnesota Wetland Conservation Act.
2) A resolution delegating certain functions to the Community Development Director or
their designee for the implementation of the Minnesota Wetland Conservation Act.
A copy of each resolution is attached.
Discussion
The Wetland Conservation Act is administered by local governmental units (LGU) with over-
sight provided by the Board of Water and Soil Resources. The purpose of the WCA is to
achieve no net loss in the quantity, quality, and biological diversity of existing wetlands; restore
or enhance diminished or drained wetlands; and replace wetland values when avoidance of
activity is not feasible.
The City of Cottage Grove is mandated to administer this state law at the city level. The law re-
gulates, often prohibiting the draining, filling or excavation of wetlands. Permits are required for
wetland activities in the City of Cottage Grove.
The City may use a technical evaluation panel to predetermine public value, location, size, or
type of wetlands under its jurisdiction. A record of all decisions must be kept for a minimum of
ten years after all applicable requirements and conditions pertaining to the project are fulfilled.
That the City Council adopt the attached resolutions.
RESOLUTION NO. 2010 -XXX
-� N I r L I ' •'
D -.
WHEREAS, the Minnesota Wetland Conservation Act of 1991 (WCA) requires
local government units (LGUs) to implement the rules and regulations promulgated by
the Board of Water and Soil Resources (BWSR) pertaining to wetland draining, filling
and excavation; and
WHEREAS, Minnesota Rules, chapter 8420 have been adopted by BWSR in
accordance with the rulemaking provisions of Minnesota Statutes, chapter 14, for the
purpose of implementing WCA; and
WHEREAS, the City of Cottage Grove agrees to provide knowledgeable and
trained staff with expertise in water resource management to manage the program as
required by Minnesota Rule 8420.0200, Subpart 2, Item B; and
WHEREAS, Minnesota Rule 8420.0200, Subpart 2, Item A requires that each
LGU of the State send a written acknowledgement, including a copy of the adopting
resolution, to BWSR that it is assuming its responsibilities under chapter 8420 and the
act.
THEREFORE, BE IT RESOLVED that the City of Cottage Grove. Minnesota
hereby accepts the authority and administrative responsibility to implement WCA as the
LGU within the legal boundaries of Cottage Grove, Minnesota as of May 19, 2010 in
accordance with Minnesota Rules, Chapter 8420.
Adopted this 19th day of May, 2010.
Myron Bailey, Mayor
Offered by {Councilperson} , seconded by {Councilperson)
, adopted by a vote of at the regular
meeting of the City Council for the City of Cottage Grove, Minnesota on May 19, 2010.
Attest:
Caron M. Stransky, City Clerk
RESOLUTION NO. 2010 -XXX
A RESOLUTION DELEGATING CERTAIN FUNCTIONS TO THE COMMUNITY
DEVELOPMENT DIRCTOR OR THEIR DESGINEE FOR THE IMPLEMENTION OF
THE MINNESOTA WETLAND CONSERVATION ACT
WHEREAS, the City of Cottage Grove, Minnesota has accepted the authority
and administrative responsibility to implement the Wetland Conservation Act (WCA)
within the legal boundaries of Cottage Grove, Minnesota in accordance with Minnesota
Rules, Chapter 8420; and
WHEREAS, the City of Cottage Grove is authorized by Minnesota Administrative
Rules Part 8420.0200, Subpart 2, Item C, to delegate certain functions with regard to
implementation of WCA, including decision authority for exemption, no loss, wetland
boundary and type, replacement plan, and wetland banking determinations.
THEREFORE; BE IT RESOLVED by the City of Cottage Grove City Council, that
decision - making authority for exemption, no loss, wetland boundary and type,
replacement plan, and wetland banking determinations applications is placed with the
Community Development Director or their designee.
Adopted this 19th day of May, 2010.
Offered by {Councilperson}
, adopted by a vote of _
meeting of the City Council for the City of Cottage Grove
Attest:
Myron Bailey, Mayor
seconded by {Councilperson}
at the regular
Minnesota on May 19, 2010.
Caron M. Stransky, City Clerk