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09.b1 Shoreland Amendment for Public Amenity Wetland Encroachment - CC Packet 1 | P a g e Date of Meeting: November 18, 2025 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Shoreland Ordinance Amendment for Public Amenity Wetland Encroachments City staff have prepared a Shoreland Ordinance amendment to allow for public amenities to encroach into the setback of wetlands. The staff report to the Planning Commission from the November 4, 2025, meetings is attached and includes the background of the amendment as well as the draft language and staff analysis. ANALYSIS Planning Commission The Planning Commission heard the ordinance amendment at the November 4, 2025, meeting. The Commission held a public hearing at the November meeting. No comments as part of the public hearing. The Planning Commission discussed the proposed ordinance amendment. Chair Loeffler noted that they did not feel comfortable creating the allowance within the code for the city, but would be in favor of a variance request for the project. Loeffler stated a specific concern related to the city being able to do something that a private land owner could not. The Commission discussed the rationale of the request and how the exception is specifically for a public amenity, where a private improvement by definition does not serve the public good. Staff noted that the allowance for public streets, where private driveways are required to meet standards. Public streets may be constructed within setbacks when alternatives do not exist and provided streets are design to minimize adverse impacts. Staff believe that the standards proposed in the ordinance amendment meet the same goal of having a minimal or mitigatable impact on any wetland. The Planning Commission moved to recommend approval of the amendment. The motion was approved with a vote of 2-1 (Loeffler nay, Hogle and Cullen absent). Following the motion, Chair Loeffler asked if the watershed and Washington Conservation District has been asked for comment. Staff stated they had not, and Chair Loeffler asked that staff reach out to the various agencies. 2 | P a g e Review Comments The ordinance amendment was sent to the Carnelian-Marine-St. Croix Watershed District, the Comfort Lake Forest Lake Watershed District, the Rice Creek Watershed District, and the Washington Conservation District. Carnelian-Marine-St. Croix Watershed District The Carnelian-Marine-St. Croix Watershed District provided a letter on the ordinance amendment as well as an email with further comments. CMSCWD’s comments include language about avoidance and minimization, retention of measurable buffers, and the definition of public amenity. Staff offers the following comments on the three aspects of the comments: 1. Avoidance and Minimization The ordinance amendment includes language that requires any project allowed under the exception to meet any relevant standards the city has adopted and requires permitting from the relevant watershed district. Any impacts outside of these aspects should be treated on a case-by-case basis and can be addressed during plan development and coordination with the relevant entities. 2. Retention of Measurable Buffers The city has no standard for buffers around wetlands. If the City Council wished to change the exemption to a minimum setback, this could be reasonable, however an exception would be . As an example however, the proposed trail behind the City Hall would not be able to be constructed with a minimum setback as the traveled path must lead up to the boardwalk that crosses the wetland and, to staff’s knowledge, there are no pervious materials that would be ADA compliant. Based on the need for the amendment, staff does not feel that including a standard related to a minimum setback is functional without a built-in exception that would inevitably be utilized whenever necessary and without additional standards or regulations to apply, ultimately resulting in the same standard as proposed. 3. Definition of Public Amenity Staff drafted the definition with the intention of allowing an open interpretation of what could be a public amenity, however, any large scale improvement is unlikely to be “intended for the use and passive enjoyment of a water resource,” as the term is defined. In the examples provided in the memorandum and email from CMSCWD, plazas are not related to water resources as their primary function is the gathering of people and have no bearing on the water resource. Parking areas are already regulated by the city’s Shoreland Ordinance in Section 7.1 and as such are distinctly separate from the public amenity term. 3 | P a g e Comfort Lake Forest Lake Watershed District The Comfort Lake Forest Lake Watershed District stated that it had no issue with the proposed amendment, but did note that an improvement made under the new ordinance would require a CLFLWD permit and if impacts to a buffer were required, they would need to be minimized. Rice Creek Watershed District The Rice Creek Watershed District stated that it had no issue with the proposed amendment. Washington Conservation District. At the time of writing, no comment was received from Washington Conservation District. COUNCIL ACTION The City Council can do one of the following: 1. Approve, with or without conditions, of the attached ordinance and resolutions. 2. Deny, with findings, of the attached ordinance and resolutions. 3. Table the request for further review/study. RECOMMENDATION The Planning Commission recommends approval of the attached Ordinance 2025-16 regarding public amenity impervious surface encroachments. Staff recommends approval of the attached Resolution 11-18-25-12 and 11-18-25-13 which approve a finding of facts for Ordinance 2025-16 and provide for summary publication of Ordinance 2025-16, respectively. Motion to approve the attached Ordinance 2025-16 to amend Section 2.6 and 6.4 of the Shoreland Management Regulations regarding public amenity impervious surface encroachments, as well as Resolution 11-18-25-12, approving findings of facts, and Resolution 11-18-25-13, providing for summary publication, with the findings and conditions described within the staff report. Attachments A. Ordinance 2025-16 Amendment Ordinance 198 Section 2.6 and 6.4 B. Resolution 11-18-25-12 Approving Findings of Facts for Ordinance 2025-16 C. Resolution 11-18-25-13 Approving Summary Publication for Ordinance 2025-16 D. Comments and Letter from Carnelian-Marine-St. Croix Watershed District, dated November 13, 2025 E. Comments from Comfort Lake Forest Lake Watershed District, dated November 13, 2025 F. Comments from Rice Creek Watershed District, dated November 13, 2025 4 | P a g e G. Planning Commission “Shoreland Ordinance Amendment for Public Amenity Wetland Encroachments” Packet, November 12, 2025 Page 1 of 3 CITY OF SCANDIA ORDINANCE NO.: 2025-16 AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND SETBACKS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the City Code, 2.6 Definitions, shall be amended by adding the underlined text and deleting the stricken text as follows: (31) Public amenity, water-oriented. Any structure or impervious surface, wholly located on land owned by a local, state, or federal government agency and intended for the use and passive enjoyment of a water resource by the general public. This may include, but is not limited to, trails, gazebos, and docks. Structures such as office buildings or storage buildings and impervious surfaces such as sports courts or outdoor recreation uses shall not be considered a public amenity. Section 2 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the City Code, 6.4 Definitions, shall be amended by adding the underlined text and deleting the stricken text as follows: 6.4 Placement, Height, and Design of Structures and Impervious Surfaces. B. Wetland Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet the following setbacks from the delineated boundaries of wetlands (defined in Minnesota Rules 8420.0111). The wetland classifications are based on the Wetland Management Classification System defined by the Minnesota Board of Water and Soil Resources (BWSR) and the application of the Minnesota Routine Assessment Method (MnRAM) for Evaluating Wetland Functions, Version 3.0 or most recent version. The MnRAM evaluation shall be completed with wetland delineations for determination of setbacks. Water Body Structure Setback Requirement Sewage Treatment System Setback Preserve Wetland 100 100 Manage 1 Wetland 75 75 Manage 2 Wetland 50 75 Manage 3 Wetland 25 75 ATTACHMENT A Page 2 of 3 Lake or wetland is a groundwater- dependent resource 100 100 If a stream is a groundwater- dependent resource 150 150 (1) Setbacks shall not be required for wetlands that are less than 400 square feet in area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in area if approved by the City and if the wetland is isolated and determined to have no direct surficial connection to a public water. (2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100 square feet, or on up to 5% of the structure setback area, whichever is greater. (3) Wetland setbacks shall not be required for water bodies exempted from wetland replacement requirements in Minnesota Rules 8420.0420, including public drainage systems, restored or created wetlands, and wetlands impacts due to utility projects. (4) Wetland setbacks shall not be required for structures and impervious surfaces that meet the definition of a water-oriented public amenity, as defined by this ordinance, provided that: (a) The water-oriented public amenity has an approved No-Loss Minnesota Wetland Conservation Act Notice of Decision. (b) The water-oriented public amenity meets all relevant standards related to stormwater management and control. (c) The water-oriented public amenity is issued a permit by the relevant watershed district, or, the relevant watershed district states a permit is not required. Section 3 Planning Commission. The Planning Commission discussed the proposed ordinance at their November 4, 2025, meeting and held a public hearing on the amendment at a public hearing at their November 4, 2025, meeting. No comments were made at the public hearing. The Planning Commission voted to recommend approval of the ordinance, with amendments. Page 3 of 3 Section 4 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this 18th day of November 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 11-18-25-09 APPROVING FINDINGS OF FACT FOR AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND SETBACKS WHEREAS, the City Council finds that the city must balance interests between protecting natural resources in the city while allowing those same resources to be enjoyed by the general public when located on public lands; and WHEREAS, the City Council finds the city must develop an effective planning approach to constructing and maintaining trails and routes to meet the needs of City residents; and WHEREAS, the City of Scandia adopted the Shoreland Management Regulations (Shoreland Ordinance), known as Ordinance 198, also known as Chapter 155 in the City Code, on May 15, 2018; and, WHEREAS, the City of Scandia has proposed to amend the Shoreland Ordinance Section 2.6 Definitions and 6.4 Placement, Height, and Design of Structures; and WHEREAS, the Planning Commission reviewed a draft of Ordinance 2025-16, regarding public amenity impervious surface encroachments, and held a public hearing on November 4, 2025, and recommended approval of the ordinance; and WHEREAS, the City Council reviewed Ordinance 2025-16, regarding public amenity impervious surface encroachments on November 18, 2025; and, WHEREAS, the City took public input on Ordinance 2025-16, regarding public amenity impervious surface encroachments, on November 4, 2025, at duly called public hearings; and WHEREAS, the City Council has adopted an Ordinance 2025-16 amending the Shoreland Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does support the request for an amendment to the Shoreland Ordinance Section 6 Definitions and 6.4 Placement, Height, and Design of Structures regarding public amenity impervious surface encroachments. ATTACHMENT B Whereupon, said Resolution is hereby declared adopted on this 18th day of November 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator CITY OF SCANDIA RESOLUTION NO. 11-18-25-14 A RESOLUTION OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, PROVIDING FOR THE SUMMARY PUBLICATION OF ORDINANCE NO. 2025-16, AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND SETBACKS WHEREAS, On November 18, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2025-16 which amends the Scandia Shoreland Management Regulations, regarding public amenity impervious surface encroachments; and WHEREAS, State law requires that all ordinances adopted be published prior to becoming effective; and WHEREAS, the City Council for the City of Scandia has determined that publication of the title and a summary of Ordinance No. 2025-16 would clearly inform the public of the intent and effect of the Ordinance; and WHEREAS, the City Council for the City of Scandia has reviewed the summary of Ordinance No. 2025-16 attached and incorporated herein as Exhibit A; and WHEREAS, the City Council for the City of Scandia has determined that the text of the summary clearly informs the public of the intent and effect of Ordinance No. 2025-16. NOW THEREFORE BE IT RESOLVED, the City Council for the City of Scandia hereby: 1. Approves the text of the summary of Ordinance No. 2025-16 attached as Exhibit A. 2. Directs the City Clerk to post a copy of the entire text of Ordinance No. 2025-16 in all public locations designated by the City Council. 3. Directs the City Clerk to publish the summary in the City’s legal newspaper within ten days. 4. Directs the City Clerk to file the executed Ordinance upon the books and records of the City along with proof of publication. ATTACHMENT C Whereupon, said Resolution is hereby declared adopted on this 18th day of November 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator Exhibit A Ordinance Summary SUMMARY PUBLICATION OF ORDINANCE NO. 2025-16, AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND SETBACKS On November 18, 2025, at a meeting of the Scandia City Council, by majority vote, the City Council adopted Ordinance No. 2025-16 which amends the Scandia Shoreland Management Regulations, regarding public amenity impervious surface encroachments by: • Adding a definition for water-oriented public amenity, which must be on land owned by local, state, or federal government agency. • Establishing an exception for water-oriented public amenity to encroach into wetland setbacks, provided standards established in the ordinance are met. A printed copy of the Ordinance is available for inspection by any person during regular office hours at City Hall or by standard or electronic mail. 1 TJ Hofer From:Mike Isensee <mike.isensee@cmscwd.org> Sent:Thursday, November 13, 2025 1:43 PM To:TJ Hofer; Kyle Morell Cc:Tom Langer Subject:Water Oriented Public Amenity Ordinance Revision Comments Attachments:CMSCWD Comments Shoreland Ordinance Revisions 11_13_2025.pdf *** WARNING: This email is from outside the company. Proceed with Caution*** Hello TJ and Kyle, The CMSCWD Board of Managers approved the submission of the attached comments at the November 12, 2025 CMSCWD Regular Meeting. The comments focus on maintaining consistency of our rules (CMSCWD and City) with regards to wetland buffers. We are requesting minor refinement of definitions, the retention of a minimum measurable buffer, and retaining avoidance and minimization standards to support both public access and long- term resource protection. We generally avoid word smithing proposed ordinances. However, I wanted to pass along comments from Manager Paul Richert for your consideration outside of the official comments. (31)Public amenity, water oriented Water-oriented public amenity. Any structure or impervious surface, wholly located on land owned by a local, state, or federal government agency and is being constructed by the same entity and intended for the use and passive enjoyment of a water resource by the general public. This may include, but is not limited to, trails, gazebos, and docks. Structures such as office buildings or storage buildings and impervious surfaces such as sports courts, parking lots or outdoor recreation uses shall not be considered a public amenity. Thank you for the opportunity to consider these changes. Best Regards, Mike Mikael Isensee Administrator | Carnelian Marine St. Croix Watershed District 11660 Myeron Rd North | Stillwater, MN 55082  (651) 275-7451 | Cell: 612-839-6492  www.cmscwd.org ATTACHMENT D Carnelian -Marine -St. Croix Watershed District 11660 Myeron Rd North • Stillwater, MN 55082 • Tel 651-275-7451 To: Scandia Planning Commission & Counsel From: CMSCWD Administrator & Riparian Permit Specialist Date: 11/13/2025 Subject: Proposed Ordinance Amendment to Allow Public Amenities in Wetland Setbacks Introduction The Carnelian-Marine-St. Croix Watershed District (CMSCWD) appreciates the opportunity to review and comment on the City of Scandia’s proposed Shoreland Ordinance modiflcations related to public amenities in wetland setbacks. As a special-purpose local unit of government established under Minnesota Statutes Chapters 103B and 103D, the CMSCWD’s mission is to protect and enhance the ecological integrity of surface and groundwater systems through coordinated management of land and water resources. Healthy wetlands, shorelands, and buffers are essential for maintaining water quality, habitat, fiood moderation, and the rural character that deflnes Scandia. The District’s regulatory framework complements municipal land-use authority by ensuring that both public and private improvements sustain these ecological functions. On November 5, 2025, the City requested review and comment from the CMSCWD regarding the proposed ordinance revisions. The District offers the following feedback for the City’s consideration. Regulatory Relationship Between CMSCWD and the City of Scandia The City of Scandia’s Local Surface Water Management Plan (LWMP) establishes a cooperative regulatory relationship between the City and the Carnelian-Marine-St. Croix Watershed District (CMSCWD) as required under Minn. Stat. §§103B.231 and 103B.325. The LWMP explicitly recognizes CMSCWD’s authority to implement and enforce its own rules, permits, and watershed management plan under Minn. Stat. Chs. 103B and 103D, while the City retains primary responsibility for land-use regulation and zoning within its jurisdiction. While the City’s intent with this amendment is to facilitate a public trail project, the proposed language introduces new exemptions and fiexibility within wetland buffers that could confiict with the shared protection goals outlined in the LWMP. The following recommendations are offered to maintain consistency and clear coordination between City and District review processes. General Recommended Revisions The District recognizes and supports the City’s goal of improving public access to natural areas. At the same time, wetland setbacks and vegetated buffers serve as the City’s primary line of defense for protecting water quality and habitat. Any permanent reduction of these protective areas should 2 therefore include clear performance standards, measurable limits, and transparent coordination procedures. 1. Avoidance and Minimization Before permitting encroachments into wetland buffers, applicants should demonstrate that impacts have been avoided to the greatest extent practicable and minimized where avoidance is not possible. This approach ensures that buffer reductions are treated as the exception rather than the rule and that designs maintain natural hydrology and vegetation wherever feasible. 2. Retention of Measurable Buffers The proposed exemption would eliminate minimum setbacks for qualifying public amenities. The District recommends retaining a measurable vegetated buffer around all wetlands, with a minimum width of at least 25 feet—or one-half of the standard buffer width where site constraints exist. Limited encroachment may be appropriate for pervious trails or elevated boardwalks that provide public access without altering wetland hydrology or vegetation. Maintaining even a partial buffer preserves flltration, inflltration, and habitat functions that would otherwise be lost. 3. Definition of Public Amenity The current deflnition of “Public amenity, water-oriented” is open-ended and could be interpreted to include high-impact facilities such as plazas or large paved areas. The District requests reflning the deflnition so that it clearly applies only to small-scale, publicly owned, passive-use features— such as trails, boardwalks, or overlooks—designed to minimize soil compaction, impervious area, and vegetation loss. Removing the phrase “but not limited to” will provide needed clarity and prevent future misinterpretation. Together, these adjustments preserve the City’s ability to provide public access while maintaining the ecological and hydrologic integrity of Scandia’s wetlands and shorelands. Summary The CMSCWD appreciates the City’s commitment to balancing public access with environmental protection. Incorporating the recommendations above would keep the Shoreland Ordinance consistent with the City’s Local Surface Water Management Plan and the District’s buffer- protection framework, ensuring that all future projects continue to protect water quality, habitat, and fiood resilience. The District looks forward to continued collaboration with the City on this and future initiatives that enhance public enjoyment of Scandia’s water resources while safeguarding their long-term ecological health. 1 TJ Hofer From:Mike Sandager <mike.sandager@clflwd.org> Sent:Thursday, November 13, 2025 12:48 PM To:TJ Hofer Subject:CLFLWD Rule Amendment *** WARNING: This email is from outside the company. Proceed with Caution*** Hi TJ, CLFLWD does not have an issue with the proposed amendment. It sƟll would require any applicable CLFLWD permit requirements, however, if a CLFLWD buffer was required, the trail would need to minimize impacts to the buffer. 4.9 Trails in Buffer Zone. The buffer may enclose a trail or a water quality facility on a demonstraƟon that doing so will not significantly reduce the protecƟon afforded the waterbody or wetland. A trail no more than ten (10) feet in width bordered by a pervious buffer of at least five (5) feet on each side is deemed to meet this requirement. The trail or water quality feature shall not count toward buffer width. A non-linear facility for general public use that is required by its nature to be adjacent to the water may be allowed in the buffer on a case-by-case basis if the impact to the buffer is minimized and the project will not negaƟvely impact the lake, stream, or wetland. Thanks, Mike Sandager (He/Him) Program Coordinator Phone 651-395-5859 Email mike.sandager@clflwd.org Web www.clflwd.org OƯice 44 Lake St. South, Suite A, Forest Lake, MN 55025 ATTACHMENT E 1 TJ Hofer From:William Roach <wroach@ricecreek.org> Sent:Thursday, November 13, 2025 11:58 AM To:TJ Hofer Subject:RE: Amendment to Allow Public Amenities in Wetland Setbacks *** WARNING: This email is from outside the company. Proceed with Caution*** Hi TJ, Following up on this proposed ordinance amendment, I have reviewed and shared the proposed addi Ɵonal language with our Regulatory Manager. Following that discussion the RCWD does not have any concerns with the proposed addiƟonal language. If you have any quesƟons, please let me know. Thank You, Will Roach Watershed Technician/Inspector 4325 Pheasant Ridge Dr. NE #611 Blaine, MN 55449 Direct: (763)398-3085 wroach@ricecreek.org From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Wednesday, November 5, 2025 8:54 AM To: Tom Langer <tom.langer@cmscwd.org>; William Roach <wroach@ricecreek.org>; Mike Sandager <mike.sandager@clflwd.org>; jriggs@mnwcd.org Cc: k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us Subject: Amendment to Allow Public Amenities in Wetland Setbacks Tom, Will, Mike, and Jay, I’m reaching out as Scandia is considering an amendment to our shoreland ordinance that would allow for what meet a new definiƟon of “water-oriented public amenity” to encroach into our wetland setbacks. The public amenity would have to be on city, state, or federal land, would have to be directly related to the water resource (so not something like a sport court or splash pad) and would have to have to meet the following standards:  An approved “No-Loss” determinaƟon under the Wetland ConservaƟon Act  Meet all stormwater management requirements  Receive the necessary watershed district permits. The city has had a trail planned behind City Hall that connects out to Olinda and down to a proposed boardwalk through the wetland to the south of City Hall for a number of years now. When I saw this I noted that the City had not given itself ATTACHMENT F 2 a variance and we would either need that or we would need to change the code. You may or may not be aware that Scandia has large setbacks for wetlands and they are generally higher than I see in most other communi Ɵes. It’s fairly common for communiƟes to build ameniƟes in the form of infrastructure near water resources to allow for them to be enjoyed by the community, so staff decided to move forward with the amendment idea. Ul Ɵmately, the trail project is the only project the City is considering for which this would maƩer, but it obviously opens up a door to other projects as well. This was sent to the DNR, and Dan Scollan noted that the encroachment would not be allowed on DNR-regulated public waters, so the DNR does not need to approve the ordinance change since it would apply to WCA regulated wetlands only. The Planning Commission held a public hearing for the ordinance last night and asked that we reach out to the watersheds and WCD to see if you had any comment. This was recommended for approval so it will be on the agenda for November 18th, so I would need comments by the 13th. You can find my report and draŌ ordinance here: hƩps://weblink.cityofscandia.com/WebLink/DocView.aspx?id=124951&dbid=0&repo=Laserfiche Please let me know if you have any ques Ɵons. Thank you, TJ Hofer (he/him/his) Planner II Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 - Suite E130, Oakdale, Minnesota, 55128 (651) 506-7474 (612) 271-6984 tj.hofer@bolton-menk.com www.Bolton-Menk.com Book time to meet with me 1 | P a g e Date of Meeting: November 4, 2025 To: Chair Loeffler and Members of the Planning Commission From: T.J. Hofer, Consultant City Planner Re: Shoreland Ordinance Amendment for Public Amenity Wetland Encroachments City staff have prepared a Shoreland Ordinance amendment to allow for public amenities to encroach into the setback of wetlands. BACKGROUND In September, the City Council approved the preparation of plans and specification for the Scandia Heritage Alliance Trail Project. While reviewing the trail alignment, a conflict with the shoreland ordinance was identified. Ordinance 198, also known as Chapter 155, Shoreland Management Regulations (“Shoreland Ordinance”) establishes standards for wetland setbacks that include impervious surface setbacks. The proposed trail alignment goes between the existing City Hall and the wetland located to the southwest. This location would create a nonconformity and require a variance. Staff is instead proposing an amendment to the Shoreland Ordinance to create a definition for “water-oriented public amenity” and allow for an exception for public amenities to encroach into wetland setbacks. Local governments with shoreland must have a shoreland ordinance that complies with the state’s shoreland rules. The shoreland rules apply to public water bodies and not wetlands, which are governed under the Wetland Conservation Act. The city’s standards for wetland setbacks are a higher standard than required by state standards. The DNR Area Hydrologist has stated that the proposed amendment does not require DNR approval. OVERVIEW OF DRAFT ORDINANCE The following language in the ordinance is shown with removed text as red strike through, added text as red underlined, and moved text as green strikethrough and underlined. (31) Public amenity, water-oriented. Any structure or impervious surface, wholly located on land owned by a local, state, or federal government agency and intended for the use and passive enjoyment of a water resource by the general public. This may include, but is not limited to, trails, gazebos, and docks. Structures such as office buildings or storage buildings and impervious surfaces ATTACHMENT G 2 | P a g e such as sports courts or outdoor recreation uses shall not be considered a public amenity. Section 1 of the ordinance amendment creates the definition for water-oriented public amenity. This definition was written to be restrictive as to what it can apply to as the intent is not to allow for improvements on private property to be considered a water-oriented public amenity, so it must be on public land and available to use by the general public, rather than an improvement such as a trail within a subdivision restricted to private landowners within the subdivision. 6.4 Placement, Height, and Design of Structures and Impervious Surfaces. B. Wetland Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet the following setbacks from the delineated boundaries of wetlands (defined in Minnesota Rules 8420.0111). The wetland classifications are based on the Wetland Management Classification System defined by the Minnesota Board of Water and Soil Resources (BWSR) and the application of the Minnesota Routine Assessment Method (MnRAM) for Evaluating Wetland Functions, Version 3.0 or most recent version. The MnRAM evaluation shall be completed with wetland delineations for determination of setbacks. Water Body Structure Setback Requirement Sewage Treatment System Setback Preserve Wetland 100 100 Manage 1 Wetland 75 75 Manage 2 Wetland 50 75 Manage 3 Wetland 25 75 Lake or wetland is a groundwater- dependent resource 100 100 If a stream is a groundwater- dependent resource 150 150 (1) Setbacks shall not be required for wetlands that are less than 400 square feet in area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in area if approved by the City and if the wetland is isolated and determined to have no direct surficial connection to a public water. (2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100 square feet, or on up to 5% of the structure setback area, whichever is greater. (3) Wetland setbacks shall not be required for water bodies exempted from wetland replacement requirements in Minnesota Rules 8420.0420, including public drainage systems, restored or created wetlands, and wetlands impacts due to utility projects. 3 | P a g e (4) Wetland setbacks shall not be required for structures and impervious surfaces that meet the definition of a water-oriented public amenity, as defined by this ordinance, provided that: (a) The water-oriented public amenity has an approved No-Loss Minnesota Wetland Conservation Act Notice of Decision. (b) The public amenity meets all relevant standards related to stormwater management and control. (c) The public amenity is issued a permit by the relevant watershed district, or, the relevant watershed district states a permit is not required. Section 6.4 has been amended exempt structures and impervious surfaces that are public amenities from wetland setbacks provided standards are met. The standards require a no loss WCA NOD, that all stormwater management and control standards established by the city are met, and that the structure or impervious surfaces receive a permit or notice a permit is not needed, from the relevant watershed district. Combined, these standards mean that the public amenity will not have an impact on wetlands or the impacts are temporary. The standards also require approvals that are reviewed by entities outside of the city, to ensure all applicable standards are met. COMMISSION ACTION The Planning Commission can do one of the following: 1. Recommend approval, with or without conditions, of the attached resolution. 2. Recommend denial, with findings, of the attached resolution. 3. Table the request for further review/study. RECOMMENDATION Staff recommends that the Planning Commission open a public hearing and receive any and all comments from the public. Staff recommend the Planning Commission recommend approval of the ordinance amendment regarding public amenity impervious surface encroachments, with any amendments deemed necessary: Motion to recommend the City Council approval of the attached ordinance to amend Section 2.6 and 6.4 of the Shoreland Management Regulations regarding public amenity impervious surface encroachments, with the findings and conditions described within the staff report. Attachments A. Draft Ordinance 2025-XX Amendment Ordinance 198 Section 2.6 and 6.4 B. Email from DNR Area Hydrologist Regarding Proposed Amendment C. City Council “Scandia Heritage Alliance Trail Project Request to Authorize Preparation of Plans and Specifications” Packet, September 16, 2025 Added Text – Red Underline Removed Text – Red Strikethrough Page 1 of 2 CITY OF SCANDIA ORDINANCE NO.: 2025-XX AN ORDINANCE AMENDING ORDINANCE 198, ALSO KNOWN AS CHAPTER 155 OF THE CITY CODE, 2.6 DEFINITIONS AND 6.4 PLACEMENT, HEIGHT, AND DESIGN OF STRUCTURES RELATED TO PUBLIC AMENITIES WITHIN WETLAND SETBACKS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the City Code, 2.6 Definitions, shall be amended by adding the underlined text and deleting the stricken text as follows: (31) Public amenity, water-oriented. Any structure or impervious surface, wholly located on land owned by a local, state, or federal government agency and intended for the use and passive enjoyment of a water resource by the general public. This may include, but is not limited to, trails, gazebos, and docks. Structures such as office buildings or storage buildings and impervious surfaces such as sports courts or outdoor recreation uses shall not be considered a public amenity. Section 2 Amendment. The City of Scandia Ordinance 198, also known as Chapter 155 of the City Code, 6.4 Definitions, shall be amended by adding the underlined text and deleting the stricken text as follows: 6.4 Placement, Height, and Design of Structures and Impervious Surfaces. B. Wetland Setbacks. Structures, impervious surfaces, and sewage treatment systems must meet the following setbacks from the delineated boundaries of wetlands (defined in Minnesota Rules 8420.0111). The wetland classifications are based on the Wetland Management Classification System defined by the Minnesota Board of Water and Soil Resources (BWSR) and the application of the Minnesota Routine Assessment Method (MnRAM) for Evaluating Wetland Functions, Version 3.0 or most recent version. The MnRAM evaluation shall be completed with wetland delineations for determination of setbacks. Water Body Structure Setback Requirement Sewage Treatment System Setback Preserve Wetland 100 100 Manage 1 Wetland 75 75 Manage 2 Wetland 50 75 Manage 3 Wetland 25 75 Lake or wetland is a groundwater- dependent resource 100 100 ATTACHMENT A Added Text – Red Underline Removed Text – Red Strikethrough Page 2 of 2 If a stream is a groundwater- dependent resource 150 150 (1) Setbacks shall not be required for wetlands that are less than 400 square feet in area, except for types 3, 4, 5, or 8 wetlands, or up to 1,000 square feet in area if approved by the City and if the wetland is isolated and determined to have no direct surficial connection to a public water. (2) On Manage 2 and Manage 3 wetlands, structures may encroach onto 100 square feet, or on up to 5% of the structure setback area, whichever is greater. (3) Wetland setbacks shall not be required for water bodies exempted from wetland replacement requirements in Minnesota Rules 8420.0420, including public drainage systems, restored or created wetlands, and wetlands impacts due to utility projects. (4) Wetland setbacks shall not be required for structures and impervious surfaces that meet the definition of a water-oriented public amenity, as defined by this ordinance, provided that: (a) The water-oriented public amenity has an approved No-Loss Minnesota Wetland Conservation Act Notice of Decision. (b) The water-oriented public amenity meets all relevant standards related to stormwater management and control. (c) The water-oriented public amenity is issued a permit by the relevant watershed district, or, the relevant watershed district states a permit is not required. Section 3 Planning Commission. The Planning Commission discussed the proposed ordinance at their November 4, 2025, meeting and held a public hearing on the amendment at a public hearing at their November 4, 2025, meeting. No comments were made at the public hearing. The Planning Commission voted to recommend approval of the ordinance, with amendments. Section 4 Effective Date. This ordinance shall be in full force and effect upon its adoption. Passed and adopted by the City Council of the City of Scandia this 18th day of November 2025. Steve Kronmiller, Mayor ATTEST: Kyle Morell, City Administrator 1 TJ Hofer From:Scollan, Daniel (DNR) <daniel.scollan@state.mn.us> Sent:Thursday, October 23, 2025 1:43 PM To:TJ Hofer; MN_Ordinance Review (DNR) Cc:k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us Subject:RE: Preliminary Review - Scandia, MN - Public Amenities Shoreland Ordinance Amendment *** WARNING: This email is from outside the company. Proceed with Caution*** Hello TJ, Yes, you are correct that wetlands that meet the minimum requirements to qualify as DNR Public Waters are assigned a Public Waters ID number. Given that this proposed amendment only aƯects WCA-regulated wetlands, the proposed ordinance amendment does not require DNR approval. Thank you for giving us the opportunity to review the proposed changes. Should the proposed amendment be adopted, please send us a courtesy copy of the adopted ordinance amendment. Best Regards, Dan Scollan East Metro Area Hydrologist – Ramsey and Washington Counties Division of Ecological and Water Resources Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5732 Fax: 651-772-7977 Email: daniel.scollan@state.mn.us mndnr.gov From: TJ Hofer <tj.hofer@bolton-menk.com> Sent: Thursday, October 23, 2025 1:30 PM To: Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>; MN_Ordinance Review (DNR) <ordinance.review.dnr@state.mn.us> Cc: k.morell@ci.scandia.mn.us; b.eklund@ci.scandia.mn.us Subject: RE: Preliminary Review - Scandia, MN - Public Amenities Shoreland Ordinance Amendment ATTACHMENT B 14727 209 th St. N., Scandia, Minnesota 55073 Phone (651) 433 -2274 Fax (651) 433 -5112 http://www.ci tyof scandia.com September 16, 2025 Honorable Mayor and City Council 14727 209th Street N Scandia, MN 55073 Re: Scandia Heritage Alliance Trail Project Request to Authorize Preparation of Plans and Specifications Dear Mayor and Council: In coordination with City Staff, Bolton and Menk prepared a total project cost estimation for the attached Scandia Heritage Alliance Trail Project based upon the attached preliminary layout, with the following scope: Construct 8’ Wide Bituminous Trail, with Overlook from Olinda Trail (CSAH 3) along the wetland Construct 6’ Wide Concrete Sidewalk along Olinda Trail (CSAH 3) Construct 8’ Wide Boardwalk connecting the bituminous trail to the Scandia Heritage Alliance Amphitheatre site Construct Stormwater BMP’s Remove Tee Ball Field and Construct Gravel Parking Lot The total project cost estimation totals $1,261,680.00. This cost is intended to cover design, construction administration, and construction costs. This project will be funded through a combination of sources including grants, cash commitments from the Scandia Heritage Alliance Group, and cash commitments from the City of Scandia. The dollars received through grants for this project must be used prior to June of 2028, requiring construction in the summer of 2026 or 2027. We request the City Council authorize the preparation of plans and specifications for the Scandia Heritage Alliance Trail Project. The anticipated project schedule is as follows: Authorize Preparation of Plans & Specifications September 16, 2025 Approve Plans & Specifications/Authorize Ad for Bid February 17, 2026 Bid Opening March 11, 2026 Consider Contract Award at City Council Meeting March 17, 2026 Construction May - September 2026 Please do not hesitate to contact me with any questions regarding this project at 651-308-1491. Sincerely, Isiah Bubany, P.E. Project Engineer Enclosures: Preliminary Project Layout ATTACHMENT C 100 6 1010 100 5 1005 1 0 0 5 1005 1" SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM SFM CO CO CO CO 1 MASTER SITE PLAN SCALE: 1" = 50'-0" W E T L A N D W E T L A N D RAI N G A R D E N S T O R M W A T E R B A S I N T R A I L O L I N D A W E T L A N D OVERLOOK AREA ATOP KNOLL BY CITY BOAR D W A L K O P T I O N E X T E N D P U B L I C S I D E W A L K A L O N G O A K H I L L R D RYLAUR, LLC 14 PHEASANT LANE NORTH OAKS, MN 55127 P: 612.868.3636 philger@rylaur.com Sheet No.: SHEET TITLE: Drawn By: VJH Project Architect: Drawing History/Revisions: Drawing Date: Checked By: APH 07.02.2025 A. PETER HILGER, AIA 2025 RYLAUR, LLCC SP1.1 MASTER SITE PLAN PROJECT INFORMATION: CLIENT INFORMATION: P.O. BOX 159 SCANDIA, MN 55073 SCANDIA WATER TOWER BARN ARTS & HERITAGE CENTER 20835 OLINDA TRAIL N SCANDIA, MN 55073 SPLASH PAD (Future): Future splash pad Refer to 1/SP3.1 & Sheet SP3.3 SITE PLAN KEYNOTES 1 WATER FEATURE: Splash pad creek to provide daylight drainage from splash pad into rain garden - Refer to 1/SP3.1 35 PARKING LOT: Install grey trap rock parking lot Refer to 1/SP2.1 & 1/SP3.1 RECONSTRCUTED BARN: Stable & Water Tower Barn structure to be re-assembled & erected on top of new ICF basment foundation Refer to 1/SP3.1 & Architectural plan set PORTABLE TOILET: By SHA Outdoor Porta-Potty Trailer Refer to 1/SP3.1 & 1/SP4.1 DRIVE: Install asphalt drive lane down to front of Amphitheater Refer to 1/SP4.1 STAGE PLATFORM: Raised Wood Stage Platform Deck. Rough in electrical to stage. Refer to Sheet SP4.1 & SP4.2 TRAIL: Construct south portion of trail linkage as an 8'-0" wide asphalt path Refer to 1/SP2.1 FUTURE AMPHITHEATRE: Concrete seating, steps and stage area to be under separate design. FUTURE OVERLOOK DECK: (2) Wood framed decks overlooking wetland area to be constructed in the future FIKA KIOSK (FBO): Coffee Kiosk Furnished By Others - Install water & sewer line & electric power to this location GATE W A Y T R A I L L I N K 2 2 3 3 4 5 PRIVACY FENCE: Install 8'-0" tall double plane welded wire fabric living screen wall fence at plaza toilets & food truck - Rough in electrical to fence line w/2 weatherproof outlets 6 5 38 7 7 8 8 9 9 53 53 54 54 54 12 13 STAGE RAMP: ADA accessible wood ramp from dance pad up to stage elevation - Refer to 1/SP4.1 14 TRAIL: Construct wetland view portion of asphalt trail along east side of water tower barn. Refer to 1/SP2.1 & SP3.1 15 BERM: Mound grade around north west corner of splash pad to buffer from parking lot - provide view into west weland meadow Refer to 1/SP2.1 & SP3.1 15 16 ENTRANCE SIGN & BERM: Install "Scandia Heritage Center" sign within Native American Landscaping Berm - Refer to 1/SP2.1 & 1/SP3.1 & Landscape Design 16 17 YARD: Native prairie grasses - see Landscape plans 17 17 18 SCULTURE YARD: Open Yard Area for Scuplture Istallation 18 19 PLAZA: Modular Concrete pavers in Plaza area 20 FUTURE Side Stage Area: 5" thick Conc pad adjacent to stage for drive path & for theatre portable toilet 13 26 19 PLAZA 30 17 17 21 LANDSCAPE PLANTING BED: Landscaped bed area w/plantings Refer to Landscape design plans 21 21 21 21 21 17 22 DANCE PAD & REMOVABLE THRUST STAGE: Hardscape in front of stage at grade w/Space for removable Thurst Stage platform by Owner Refer to 1/SP3.1 23 INTERPRETIVE TRAIL: 5'-0" wide wood chip path meandering trail thru landscaped area Refer to 1/SP4.1 23 24 ACCESS AISLE: Handicapped Accessible Access aisle from parking lot to front sidewalk Refer to 1/SP3.1 1 24 25 LANDSCAPE ISLAND: Curbed parking lot island w/Landscaping Refer to Landscape design plans 26 SCULPTURE ENTRY ARCH: Archway Scuplture Installation at entrance to Amphitheatre - Rough in electrical to scuplture base - Refer to 1/SP4.1 27 BENCH: Benches to be furnished by Owner bolted down by G.C. - Exact bench design & locations T.B.D. (10) Shown Refer to 1/SP3.1 & B/SP3.2 28 SURMOUNTABLE CURB: Curbline along (7) east parking stalls to be driveover / surmountable edge w/wheel stops Refer to 1/SP2.1 28 29 ARTOWRK BIKE RACKS: Dero Brand "Helix" or similar bicycle rack 2) locations - Refer to 1/SP3.1, 1/SP4.1 & C/SP3.2 29 29 SETBACK ENCROACHMENT: (347 sf) Wetland setback encroachment building area shown hatched as = 30 HAND PUMP: Water well hydrant w/hand pump Connect into Splash Pad System 31 COURTYARD: Fine aggregate yard & plaza trees. Install steel edging around perimeter of (4) Courtyard trees 31 17 45 17 17 32 PEDESTRIAN RAMP: Provide ADA compliant pedestrian ramp 32 33 CURB EDGE: Along north parking row, install 18" wide flat conc. curb edge 34 BOULDER EDGING: 2'-0" wide river cobbles over filter fabric surface drainage edge 35 LIGHT POLE: 20'-0" high, Historic Style LED low cutoff light pole. Quantity = (3) 33 25 34 36 SPLASH PAD PERIMETER: 7'-6" wide Colored Conc. perimeter around splash pad 37 NO PARKING SIGN: Stripe off end stall & install No Parking" sign at head of stall 37 38 CONC. PAD: Install 2'-0" x 2'-0" concrete pad for trailer hitch support surface 21 LEGEND CRUSHED LIMESTONE TRAIL, 8'-0" wide BITUMINOUS TRAIL SECTION GATEWAY TRAIL LINK CONNECTION TO PARKING / TRAIL SYSTEM BOARDWALK / FLOATING WALKWAY BITUMINOUS PAVEMENT AMPHITHEATRE HARDSCAPE CRUSHED TRAP ROCK, GREY CONCRETE SIDEWALK CRUSHED LIMESTONE 14 35 35 39 40 TRAIL INFO SIGN: Interpretive sign F.O.B., installed by G.C. Refer to 1/SP4.1 (Quantity = 6) 17 41 WETLAND INFO SIGN: Interpretive sign F.O.B., installed by G.C. along south trail Refer to 1/SP4.1 (Quantity = 3) 42 LIGHT BOLLARD: Light Bollards at HC Parking Sign locations at front walk (Qnty = 2) Shown on plans as WETLAND BOARDWALK CONSTRUCTED UNDER SEPARATE CONTRACT PUBLIC SIDEWALK INSTALLED BY CITY OF SCANDIA 39 LANDSCAPE BOLLARD: Light Bollard among various landscape areas Qnty = 10) Shown on plans as Refer to 1/SP4.1 43 40 41 42 48 44 OUTDOOR CONTROLS PLATFORM: Stone Platform for Drinking Fountain, Splash Pad Controls, & Landscape Irrigation & Hose Bib - Refer to 1/SP3.1 44 45 46 SCREEN WALLS: Wood Screen Wall Panels along east side of Amphitheatre - Provided by Owner, Installed by G.C. Refer to 1/SP4.1 46 10 LIGHTING TREE: (Rough In) Install Rough-In Power & Controls Conduit for Future high-hung Stage Lighting "Tree" Structure- (2) Locations. Refer to 1/SP4.1 10 FUTURE SITE DESIGN ELEMENTS (N.I.C.) TIERED STONE AMPHITHEATRE SEATING: Grade as sloped yard Stone bench seating and stairs to be future construction PROSCENIUM, ROOF & BACKDROP WALLS: Stage Platform structure is the extend of construction for amphitheatre stage at this point in time. Overhead structures and Walls to be constructed in the future 6 45 FENCE ENCLOSURE: 6'-0" high screen fence & lockable gate 12 OVERLOOK DECKS: Deck 1 & Deck 2 to be future construction 20 21 21 21 21 22 21 21 27 36 10 11 BACKSTAGE PATH: (Future) Future 3'-0" wide crushed limestone pathway trail to run behind stage 11 47 SPLASH PAD DRAINAGE: Splash Pad drainage via rock creek bed to stormwater pond, see Civil & Landscape plans 4 47 48 SCULPTURE BERM: Bermed Area w/Dala Horse or other Sculpture Feature 49 SPLASH PAD BENCHES: Limestone block benches or similar as determined by onwer at Splash Pad area Installed by G.C. (Qnty = 4) 49 50 SPLASH PAD TABLES: Outdoor Picnic Tables as Selected by Owner Bolted Down by G.C. (Qnty = 4) 50 51 WATER WELL BORE: Drilled Water Well Location 51 BACKSTAGE PATH: 5'-0" wide crushed limestone path Refer to 1/SP4.152 52 55 56 ELECTRICAL TRANSFORMER: Install Electrical Transformer on Conc. Pad NEW TERMINATION POLE: New Pole to be 20'-0" south of last existing pole - general vicinity shown 56 55 57 BRICK BORDER: Walkway between Parking Lot & Plaza to receive brick boards, shade in pink 57 DRINKING FOUNTAIN w/DOG DISH: Install Outdoor Drinking Fountain w/Dog Dish 57 43