October 7, 2020 Board Meeting Packet

Page 1

Regular Meeting of the Capitol Region Watershed District (CRWD) Board of Managers, for Wednesday, October 7, 2020, 6:00 p.m. (Regular Meeting). Until further notice Board meetings will only be available via telephone and/or the web-based application Go To Meeting. You will not be able to attend meetings in person. You can join the meeting electronically by clinking on this link https://global.gotomeeting.com/join/999513501 and following the directions or dial in using your phone: +1 (571) 317-3112 Access Code: 999-513-501 Please visit www.capitolregionwd.org to get additional CRWD COVID-19 information. REGULAR MEETING AGENDA

I.

Call to Order of Regular Meeting (President Joe Collins) A) Oath of Office B) Attendance C) Review, Amendments, and Approval of the Agenda

II.

Public Comment A) Public Comment for Items not on the Agenda (Please observe a limit of three minutes per person.)

III.

Permit Applications and Program Updates

(Permit Process: 1) Staff Review/Recommendation, 2) Applicant Response, 3) Public Comment, and 4) Board Discussion and Action.)

A) 20-018 2227 University – Extend Review Period (Hosch) B) 20-028 Gillette POP22 (Hosch) IV.

Special Reports – District Recognitions, Mark Doneux

V.

Action Items A) AR: Approve Minutes of the September 16, 2020 Regular Meeting (Sylvander) B) AR: Approve 2021 Minnesota Water Stewards Program and Agreement (Schwantes)

VI.

Unfinished Business A) Como Lake 319 Grant Update (Fossum) B) Adopt a Drain Update (Schwantes) C) Watershed Based Implementation Funding Update (Doneux)

VII.

General Information A) Board of Manager’s Updates

VIII. Next Meetings A) Wednesday, October 14, 2020 - 7:00 PM – CAC Meeting B) Tuesday, October 20, 2020 – 7:00 PM – Metro MAWD C) Wednesday, October 21, 2020 - 6:00 PM – Regular Board Meeting IX.

Adjournment Our mission is to protect, manage and improve the water resources of Capitol Region Watershed District


Board of Managers Oath of Office I, Joe Collins, affirm that I will support the constitution of the United States and the State of Minnesota, and that I will faithfully discharge the duties of my office as a manager of the Capitol Region Watershed District to the best of my knowledge and ability. Dated at St. Paul, Minnesota, this 7th day of October 2020.

Signature ________________________________ Witness _________________________________

W:\04 Board of Managers\Oath of Office\Joe Collins\Joe Collins 2020.docx


Board of Managers Oath of Office I, Rick Sanders, affirm that I will support the constitution of the United States and the State of Minnesota, and that I will faithfully discharge the duties of my office as a manager of the Capitol Region Watershed District to the best of my knowledge and ability. Dated at St. Paul, Minnesota, this 7th day of October 2020.

Signature ________________________________ Witness _________________________________

W:\04 Board of Managers\Oath of Office\Rick Sanders\Rick Sanders 2020.docx


Board of Managers Oath of Office I, Hawona Sullivan Janzen, affirm that I will support the constitution of the United States and the State of Minnesota, and that I will faithfully discharge the duties of my office as a manager of the Capitol Region Watershed District to the best of my knowledge and ability. Dated at St. Paul, Minnesota, this 7th day of October 2020.

Signature ________________________________ Witness _________________________________

W:\04 Board of Managers\Oath of Office\Sullivan Janzen\Hawona Sullivan Janzen 2020.docx


October 7, 2020 III. Permits A.) 2227 University Ave Mixed Use Project 2nd Review Extension Request (Hosch)

DATE: TO: FROM: RE:

October 1, 2020 CRWD Board of Managers Elizabeth Hosch 2nd 60-day Review Period Extension for Permit 20-018

Background The current review period for Permit 20-018 2227 University Ave Mixed Use Project expires on 10-92020. Issues The applicant requested a second extension to the 60-day review period prior to the expiration. The applicant is still pursuing the permit and has requested the additional time to complete the required conditions. Requested Action Approve 60-day review period extension for Permit 20-018 2227 University Ave Mixed Use Project to expire December 8, 2020.

W:\07 Programs\Permitting\2020\20-018 2227 University Mixed Use\Brd Memo Extension request 20-018 2227 University Ave Mixed Use Project.docx

Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District.


Capitol Region Watershed District Applicant:

Beth Closner Gillette Children's Specialty HC 200 University Ave. East Saint Paul, MN 55101

Permit 20-028 Gillette Children's POP22 Consultant: Val Anderson Loucks Associates 7200 Hemlock Lane, Ste 300 Minneapolis, MN 55369

Description: To demo the existing structures and construct a parking ramp with some office and park space. Build a wall against the property line to hold grades back and construct a first floor level with grade on the south side. Stormwater Management: One underground infiltration system. District Rule: —C D F Disturbed Area: 2 Acres Impervious Area: 1.655 Acres STAFF RECOMMENDATION: Approve with 8 Conditions: 1. Receipt of $8,300 surety. 2. Receipt of documentation of maintenance agreement recorded with Ramsey County. 3. Provide plans signed by a professional engineer per the Minnesota Board of AELSLAGID. 4. Provide a copy of the NPDES permit. 5. Provide documentation from the City that grading activities in Valley Park is acceptable. 6. Revise civil plans to address items a.-c. from the 9/23/2020 permit report. 7. Revise the northern boundary of proposed Subcatchment 2S to include the entire land area to the south of the parking lot curb and retaining wall. Update the HydroCAD accordingly. See figure in 9/23/2020 permit report. 8. Identify the person(s) responsible for maintenance of stormwater devices in the maintenance plan.

First Street Second Ave

Permit Location Permit Report 20-028

Aerial Photo Board Meeting Date: 10/07/2020


Capitol Region Watershed District Permit Report CRWD Permit #:

20-028

Review date:

September 23, 2020

Project Name:

Gillette Children's POP22

Applicant:

Beth Closner Gillette Children's Specialty HC 200 University Ave. East Saint Paul, MN 55101 651-229-3985 eclosner@gillettechildrens.com

Purpose:

Demolition of existing building and construction of a parking ramp with office space. Permanent stormwater management consists of an underground StormTrap infiltration system.

Location:

183 University Avenue, St. Paul, MN (University/Jackson)

Applicable Rules:

C, D, and F

Recommendation:

Approve with 8 Conditions

EXHIBITS: 1. Civil Plan Set (15 Sheets), by Loucks, dated 9/22/20, recv. 9/22/20. 2. Hydrology Narrative and Report, by Loucks, dated 9/21/20, recv. 9/22/20. 3. Geotechnical Evaluation Report, by Braun Intertec, dated 5/5/20, recv 8/21/20. 4. Operations and Maintenance Plan, by Loucks, not dated, recv. 9/22/20. 5. Response to CRWD Comments, by Loucks, date 9/21/20, recv. 9/22/20. HISTORY & CONSIDERATIONS: Previous CRWD permit 09-028 (Gillette ACC) is also on site, which includes two underground infiltration systems. Both permit areas are owned by the Gillette Children’s Hospital. This permit proposes to increase the drainage area to an existing 09-028 StormTech infiltration system by additional 2,767 ft2 (542 ft2 of which is impervious). This change will have a negligible affect on the StormTech system’s performance. RULE C: STORMWATER MANAGEMENT Standards  Proposed discharge rates for the 2-, 10-, and 100-year events shall not exceed existing rates. W:\07 Programs\Permitting\2020\20-028 Gillette POP22\20-028 Permit Report_R2.doc Page 1 of 4


ďƒ˜ Developments and redevelopments must reduce runoff volumes in the amount equivalent to an inch of runoff from the impervious areas of the site. ďƒ˜ Stormwater must be pretreated before discharging to infiltration areas to maintain the long-term viability of the infiltration area. ďƒ˜ Developments and redevelopments must incorporate effective non-point source pollution reduction BMPs to achieve 90% total suspended solid removal. Findings 1. A hydrograph method based on sound hydrologic theory is used to analyze runoff for the design or analysis of flows and water levels. 2. Runoff rates for the proposed activity do not exceed existing runoff rates for the 2-, 10-, and 100-year critical storm events. Stormwater leaving the project area is discharged into a well-defined receiving channel or pipe and routed to a public drainage system. 3. Stormwater runoff volume retention is achieved onsite in the amount equivalent to the runoff generated from 1.1-inch of rainfall over the impervious surfaces of the development. a. The amount of proposed impervious is 72,092 ft2 (Measured from Sheet C200 and includes street reconstruction area). b. Volume retention required: 72,092 ft2 x 1.1 inches x 1 ft/12 inches = 6,226 ft3 Table 1. Proposed volume retention through abstraction (i.e. infiltration, reuse). Volume Volume Retention 1.1-inch 2.5-inch Retention BMP Provided below Runoff Runoff Required 3 3 outlet (ft ) (ft ) (ft3) (ft3) StormTrap Infiltration 6,714 6,221 14,139 6,226 Total 6,714 ft3 c. Banking of excess volume retention is not proposed. d. Infiltration volume and facility size has been calculated using the appropriate hydrologic soil group classification and design infiltration rate. e. The infiltration area can infiltrate the required volume within 48 hours. f. Stormwater runoff is pretreated to remove solids before discharging to infiltration areas. g. Groundwater mounding is not anticipated to affect adjacent properties and buildings. 4. Best management practices achieve 90% total suspended solids removal from the runoff generated on an annual basis because the applicant meets the volume retention requirements. 5. A maintenance agreement recorded with Ramsey County has not been submitted. 6. Adequate maintenance access is provided for the underground infiltration system. A site-specific plan, schedule, and narrative for maintenance of the proposed stormwater management practices has been submitted.

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RULE D: FLOOD CONTROL Standards  Compensatory storage shall be provided for fill placed within the 100-year floodplain.  All habitable buildings, roads, and parking structures on or adjacent to a project site shall comply with District freeboard requirements. Findings 1. There is no floodplain on the property according to FEMA. 2. All habitable buildings, roads, and parking structures on or adjacent to the project site comply with CRWD freeboard requirements. RULE E: WETLAND MANAGEMENT Standard  Wetlands shall not be drained, filled (wholly or in part), excavated, or have sustaining hydrology impacted such that there will be a decrease in the inherent (existing) functions and values of the wetland.  A minimum buffer of 25 feet of permanent nonimpacted vegetative ground cover abutting and surrounding a wetland is required. Findings 1. There are no known wetlands located on the property. RULE F: EROSION AND SEDIMENT CONTROL Standards  A plan shall demonstrate that appropriate erosion and sediment control measures protect downstream water bodies from the effects of a land-disturbing activity.  Erosion Control Plans must adhere to the MPCA Protecting Water Quality in Urban Areas Manual. Findings 1. Erosion and sediment control measures are consistent with best management practices, as demonstrated in the MPCA manual Protecting Water Quality in Urban Areas. 2. Adjacent properties are protected from sediment transport/deposition. 3. Wetlands, waterbodies and water conveyance systems are protected from erosion/sediment transport/deposition. 4. Total disturbed area is 2.0 acres; an NPDES permit is required. A SWPPP has been submitted. RULE G: ILLICIT DISCHARGE AND CONNECTION Standard  Stormwater management and utility plans shall indicate all existing and proposed connections from developed and undeveloped lands for all water that drains to the District MS4. Findings 1. New direct connections or replacement of existing connections are not proposed. W:\07 Programs\Permitting\2020\20-028 Gillette POP22\20-028 Permit Report_R2.doc Page 3 of 4


2. Prohibited discharges are not proposed. Recommendation: Approve with 8 Conditions Conditions: 1. Receipt of $8,300 surety. 2. Receipt of documentation of maintenance agreement recorded with Ramsey County. 3. Provide plans signed by a professional engineer per the Minnesota Board of AELSLAGID. 4. Provide a copy of the NPDES permit. 5. Provide documentation from the City that grading activities in Valley Park is acceptable. 6. Revise civil plans to address the following: a. Revise HWL label on Sheet C501 to correspond with HydroCAD output. Sheet C501 indicates a HWL of 123.56’ and HydroCAD indicates a HWL of 123.42’. b. Revise WQV elevation label on Sheet C501 to correspond with the 9” orifice elevation. Sheet C501 indicates a WQV elevation of 119.75’ and the 9” orifice elevation is 119.60’. c. Revise underground infiltration system length and width labels on Sheet C400 to match the HydroCAD dimensions (55.71’W x 59.50’L). 7. Revise the northern boundary of proposed Subcatchment 2S to include the entire land area to the south of the parking lot curb and retaining wall. Update the HydroCAD accordingly. See figure below.

8. Identify the person(s) responsible for maintenance of stormwater devices in the maintenance plan. W:\07 Programs\Permitting\2020\20-028 Gillette POP22\20-028 Permit Report_R2.doc Page 4 of 4


CB6 RIM: 125.84 INV: 121.90

36' - 12" RCP @ 0.8%

REPLACE CASTING/FRAME MODIFIED TYPE 7A SEE DETAIL 5/C500

12' - 15" RCP @ 1.0%

CBMH7 RIM: 127.59 INV: 121.44 E INV: 121.54 S INV: 122.72 N

7' - 12" PVC @ 4.0%

RIVER ROCK

CBMH10 RIM: 135.75 INV: 123.0 S INV: 130.0

38' - 15" RCP @ 1.0%

CB5 RIM: 124.40 INV: 120.99 E

20' - 18" RCP @ 1.0%

INV: 119.65

RISER 2 RIM: 126.81

UNDERGROUND INFILTRATION STORMTRAP ST2 SINGLE 5'-8" 55.71' X 59.5' TOP: 124.17 HWL: 123.42 INV: 118.0 STONE INV: 116.5

INV: 120.84

FIRE DEPARTMENT CONNECTION

32' - 12" RCP @ 1.0%

CBMH3 RIM: 124.64 INV: 120.66 W/E INV: 120.56 N

STMH RIM: 126.57 INV: 117.44 N INV: 111.0 S

BLDG STUB INV: 123.0 46' - 12" PVC @ 2.0% COORDINATE W/MECH

54' - 10" PVC @ 4.0%

INV: 119.4

RISER 1 RIM: 127.74

OCS WALL 9" ORIFICE: 119.60 TOP OF WEIR: 121.50

65' - 18" RCP @ 0.9%

MH4 RIM: 126.36 INV: 122.08 E INV: 119.98 S INV: 119.88 N SUMP: 113.88

RISER 3 RIM: 127.47

59' - 8" PVC @ 3.0%

MH8 RIM: 127.95 INV: 123.47 E INV: 121.06 W INV: 120.96 S SUMP: 115.96

67' - 12" PVC @ 46.3%

CBMH14(8" NYLOPLAST) RIM: 130.07 INV: 125.24

CBMH9 RIM: 168.41 INV: 161.0

78' 12" RCP @ 4.0%

41' - 8" PVC @ 2.0%

CB 12(8" NYLOPLAST) RIM: 129.50 INV: 126.57

CB 13(8" NYLOPLAST) RIM: 129.50 INV: 126.06

168' - 15" PVC @ 0.9%

STMH RIM: 115.25 INV: 107.88 N INV: 106.95 W/E

51' - 8" PVC @ 1.0%

CONCRETE SWALE SEE DETAIL 2&3/C501

43' - 8" PVC @ 1.0%

BLDG STUB INV: 123.5 18' - 12" RCP @ 2.0% COORDINATE W/MECH.

CB 11(8" NYLOPLAST) RIM: 129.50 INV: 127.0

183' - 6" DRAINTILE

BLDG STUB INV: 124.0 57' - 12" RCP @ 1.1% COORDINATE W/MECH.

CBMH2 RIM: 128.02 INV: 122.27 E INV: 122.17 W 135' - 6" DRAINTILE

W:\2006\06702P\CADD DATA\CIVIL\_dwg Sheet Files\C400-UTILITY PLAN.dwg

23

90' - 15" PVC @ 0.9%

CBMH1 RIM: 128.35 INV: 123.37 E INV: 123.14 N INV: 123.08 W

INV: 100.96

CB (10" NYLOPLAST) RIM: 128.39 INV: 124.69

BLDG STUB INV: 124.65 4' - 6" PVC @ 1.1% COORDINATE W/MECH.

CONNECT TO EX. 16" WATERMAIN

20

SANMH RIM: 108.0 INV: 99.0 N INV: 97.2 W/E

98' - 6" PVC C900 @ 2.0%

THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.

THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.

WARNING:

8" GATE VALVE

67' - 8" DIP WATERMAIN

FUTURE COURTYARD 50% IMPERVIOUS

9/28/2020 1:25:01 PM

SCALE

IN

20

FEET

40

23

PROPOSED PIPE MATERIALS: WATERMAIN SANITARY SEWER STORM SEWER STORM SEWER

ALL SANITARY SEWER WYES, TEES AND SERVICES SHALL BE X" PVC SDR XX.

8.

9.

HIGH-DENSITY POLYETHYLENE (HDPE) STORM DRAINS MUST COMPLY WITH MINNESOTA RULES, PART 4715.0540: a. PIPES 4-INCH TO 10-INCH IN SIZE MUST COMPLY WITH AASHTO M252. b. PIPES 12-INCH TO 60-INCH IN SIZE MUST COMPLY WITH ASTM F2306. c. ALL FITTINGS MUST COMPLY WITH ASTM D3212. d. WATER-TIGHT JOINTS MUST BE USED AT ALL CONNECTIONS INCLUDING STRUCTURES.

13.

ALTERNATE 2: 72" PERFORATED PIPE STORAGE 53.0' X 74.0', 462 LF, 18,819 CF (INCLUDING STONE) TOP STONE: 124.0 TOP: 123.5 INVERT: 117.5 STONE: 117.0 INCLUDE OUTLET MANHOLE STRUCTURE: WEIR: 122.5, ORIFICE (10"): 119.50

ALTERNATE 1: 60" PERFORATED PIPE STORAGE 59.5' X 77.0', 635 LF, 18,477 CF (INCLUDING STONE) TOP STONE: 124.0 TOP: 123.5 INVERT: 118.5 STONE: 118.0 INCLUDE OUTLET MANHOLE STRUCTURE: WEIR: 122.65, ORIFICE (10"): 120.35

BASE BID: STORMTRAP ST2 SINGLE 5'-8" 55.71' X 59.5', 15,853 CF (INCLUDING STONE) TOP: 124.17 INVERT: 118.0 STONE: 116.5

ALTERNATE BID

ALL JOINTS AND CONNECTIONS IN THE STORM SEWER SYSTEM SHALL BE GASTIGHT OR WATERTIGHT (SEE MINNESOTA RULES, PART 4715.0700). APPROVED RESILIENT RUBBER JOINTS MUST BE USED TO MAKE WATERTIGHT CONNECTIONS TO MANHOLES, CATCHBASINS, AND OTHER STRUCTURES.

ALL PORTIONS OF THE STORM SEWER SYSTEM, INCLUDING CATCH BASINS, LOCATED WITHIN 10 FEET OF THE BUILDING OR WATER SERVICE LINE MUST BE TESTED ACCORDANCE WITH MINNESOTA RULES, PART 4715.2820

11.

12.

CONTRACTOR TO SUBMIT SHOP DRAWINGS OF UNDERGROUND RETENTION SYSTEM FOR ENGINEER'S REVIEW.

10.

8" DIAMETER 6" DIAMETER 6" TO 12" DIAMETER 12" TO 21" DIAMETER

ALL FIRE HYDRANTS SHALL BE LOCATED 5 FEET BEHIND BACK OF CURB OR EDGE OF PAVEMENT UNLESS OTHERWISE NOTED.

7.

DIP CL 52 PVC C900 PVC RCP

ALL NEW WATERMAIN AND SERVICES MUST HAVE A MINIMUM OF 8.0 FEET OF COVER. EXTRA DEPTH MAY BE REQUIRED TO MAINTAIN A MINIMUM 18" VERTICAL SEPARATION TO SANITARY OR STORM SEWER LINES. THE CONTRACTOR SHALL FIELD ADJUST WATERMAIN TO AVOID CONFLICTS WITH SANITARY SEWER, STORM SEWER, AND SERVICES AS REQUIRED. INSULATION OF WATER AND SANITARY SEWER LINES SHALL BE PROVIDED WHERE 8.0 FEET MINIMUM DEPTH CAN NOT BE ATTAINED.

6.

ALL STORM SEWER , SANITARY SEWER AND WATER SERVICES SHALL TERMINATE 5' FROM THE BUILDING FACE UNLESS OTHERWISE NOTED.

4.

A MINIMUM OF 18 INCHES OF VERTICAL SEPARATION AND 10 FEET OF HORIZONTAL SEPARATION IS REQUIRED FOR ALL UTILITES UNLESS OTHERWISE NOTED.

ALL CONNECTIONS TO EXISTING UTILITIES SHALL BE PERFORMED PER THE REQUIREMENTS OF THE STATE AND LOCAL JURISDICTIONS. THE CITY DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS DEPARTMENT AND THE CONSTRUCTION ENGINEER MUST BE NOTIFIED AT LEAST 48 HOURS PRIOR TO ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, OR WORK IMPACTING PUBLIC UTILITIES.

5.

ALL UTILITY PIPE BEDDING SHALL BE COMPACTED SAND OR FINE GRANULAR MATERIAL. ALL COMPACTION SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CEAM SPECIFICATION AND THE GEOTECHNICAL REPORT.

2.

ALL SANITARY SEWER, STORM SEWER AND WATERMAIN UTILITIES SHALL BE FURNISHED AND INSTALLED PER THE REQUIREMENTS OF THE SPECIFICATIONS,THE MINNESOTA PLUMBING CODE, THE LOCAL GOVERNING UNIT , AND THE STANDARD UTILITIES SPECIFICATION OF THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM), 2018 EDITION.

CIVIL LEGEND

3.

1.

UTILITY NOTES

0

NOTE: EXISTING CONDITIONS INFORMATION SHOWN IS FROM AN ALTA/NSPS LAND TITLE SURVEY PROVIDED BY LOUCKS, DATED JANUARY 08, 2020.

N

Date

Checked by

Drawn by

Date

Project

No.

T

Drawing Number

N R FO TIO C O U N TR S N CO

Key Plan

LOUCKS PROJECT NO. 06702P

7200 Hemlock Lane, Suite 300 Maple Grove, MN 55369 763.424.5505 www.loucksinc.com

PLANNING CIVIL ENGINEERING LAND SURVEYING LANDSCAPE ARCHITECTURE ENVIRONMENTAL

LOUCKS

Gillette Children's POP22

These drawings including all design, details, specifications and information, are the sole copyright of LSE Architects, Inc. and are for use on this specific project and shall not be used on any other work without agreement and written permission of LSE Architects, Inc. ©

www.lse-architects.com

612.343.1010 office 612.3382280 fax

100 Portland Ave. South, Suite 100 Minneapolis, MN 55401

LAWAL SCOTT ERICKSON ARCHITECTS, INC.


October 7, 2020 Board Meeting V. Action Item A) Approve Minutes of September 16, 2020 Regular Board Meeting (Sylvander)

Regular Meeting of the Capitol Region Watershed District (CRWD) Board of Managers, for Wednesday, September 16, 2020, 6:05 p.m. (Regular Meeting) via telephone and/or the web-based application Go To Meeting.

REGULAR MEETING MINUTES I.

A)

Call to Order of Regular Meeting (Vice President Mary Texer)

Managers Joe Collins, remote Seitu Jones, remote Shawn Murphy, remote Rick Sanders, remote Mary Texer, remote

B)

Staff Present Public Attendees Mark Doneux, CRWD Bob Simonet, CAC Elizabeth Hosch, CRWD – remote Nicole Soderholm, CAC Forrest Kelley, CRWD – remote Eric Henery Belinda Gardner, CRWD – remote Pat Cavinau, CAC Luke Martinkosky, CRWD – remote Toni Carter – Ramsey County Lindsay Schwantes, CRWD – remote Christine Baeumler, Artist Michelle Sylvander, CRWD – remote David Arbeit, CAC Mark Houle, CRWD - remote Steve Durre, CAC Marta Wichman, CRWD - remote Nate Zwonitzer, CRWD - remote Bob Fossum, CRWD - remote Anna Eleria, CRWD - remote Jessica Bromelkamp, CRWD - remote Britta Belden, CRWD - remote Chris Kucek, CRWD - remote Joe Sellner, CRWD - remote Anna Annim-Wilson, CRWD - remote James Mogen, Ramsey County Attorney, remote

Review, Amendments and Approval of the Agenda.

Motion 20-178: Approve the Agenda September 16, 2020 as amended with two changes, move the special report up and under unfinished business add item B. Watershed Management Plan. Murphy/Sanders Unanimously Approved


III.

Special Reports – Seitu Jones Recognition (Doneux)

Administrator Doneux provided a presentation reflecting on Manager Jones 15 years of service with CRWD. Many guests were in attendance including Ms. Toni Ramsey County Commissioner and Ms. Christine Baeumler, Artist in Residence both shared a few words thanking Manager Jones. Board Managers, staff and CAC members shared stories and words of gratitude. Manager Jones also shared a few words and gave thanks for his experiences with CRWD. II.

Public Comment

No comments. IV.

Permit Applications and Program Updates A) 20-020 Wilder Square (Hosch)

Ms. Hosch reviewed permit #20-020 for Wilder Square. The applicant, Common Bond Communities will reconstruct and reconfigure the existing parking lot, sidewalks and landscaping. The applicable rules are Stormwater Management (Rule C), Flood Control (Rule D), and Erosion and Sediment Control (Rule F). The disturbed area of this project is 1.98 acres with 1.355 acres impervious surface. Motion 20-179: Approve with 4 Conditions: 1. Receipt of $6,800 surety. 2. Receipt of documentation of maintenance agreement recorded with Ramsey County. 3. Provide a copy of the NPDES permit. 4. Resolve discrepancies between the plans/HydroCAD model and the Drainage Report (i.e. runoff rates and references to iron‐enhanced sand). CRWD completed this permit report based upon the plans and HydroCAD model. Murphy/Sanders Unanimously Approved B) 20-026 Hmong Academy Middle School (Hosch) Ms. Hosch reviewed permit #20-026 for Hmong Academy Middle School. The applicant, Hmong College Prep Academy will construct a new middle school building. The applicable rules are Stormwater Management (Rule C), Flood Control (Rule D), and Erosion and Sediment Control (Rule F). The disturbed area of this project is 4.55 acres with 7.5 acres impervious surface. Motion 20-180: Approve with 5 Conditions: 1. Receipt of $8,100 surety. 2. Receipt of documentation of maintenance agreement recorded with Ramsey County. 3. Provide a copy of the NPDES permit. 4. Include a site‐specific maintenance plan that includes the following:


a. List all stormwater management practices. b. Person(s) responsible for maintenance of stormwater devices. c. Frequency of inspection/ indicator that maintenance is needed. d. Description of inspection activities. e. Description of maintenance activities. 5. Revise HydroCAD to address the following: a. Add an outlet to represent the emergency overflow for BMP 2. Water will surcharge to the street out the driveway to the northeast of BMP 2 at approximately 901.24’ (rim elevation of catch basin to east of BMP 2). The predicted HWL for BMP 2 (901.8’) is higher than this elevation. Flow from this outlet shall be routed to the site total link. Ensure that freeboard and rate control is still provided. b. Route both BMP 3 and BMP 4 to the same 18” RCP to represent the pipe between STMH 6 and the existing STMH in Pascal Avenue. i. Model currently assumes two 18” outlets: one for BMP 3 and one for BMP 4. A singular 18” pipe will restrict flows and increase system HWLs. ii. Revise primary outlet for BMP 3 to be the pipe between the outlet control structure (OCS) and STMH 6. Murphy/Sanders Unanimously Approved C) 20-027 Hidden Falls South (Martinkosky) Ms. Martinkosky reviewed permit #20-027 for Hidden Falls South. The applicant, City of St. Paul Parks and Recreation will reconstruct an area of floodplain park that has been underutilized to improve low impact recreational activities and return the area to a more natural state. The applicable rules are Stormwater Management (Rule C), Flood Control (Rule D), and Erosion and Sediment Control (Rule F). The disturbed area of this project is 6.49 acres with 1.04 acres impervious surface. Motion 20-181: Approve with 5 Conditions: 1. Provide plans signed by a professional engineer per the Minnesota Board of AELSLAGID. 2. Provide geotechnical report from Braun Intertec. 3. Provide cut/fill spreadsheet and plan view for grading within floodplain with updated volumes. 4. Revise Landscaping plan to address the following: a. Specify potted plants or plugs to vegetate infiltration areas. Basin seeding should be avoided. b. Specify deep rooted, salt tolerant, native plants according to Plants for Stormwater Design (Shaw and Schmidt, 2003). c. Provide signage that deters snow management from using the infiltration basin for snow storage. 5. Revise Civil Plans to provide additional detail on how runoff is directed to the north Rain Guardian/drainage swale. Murphy/Sanders Unanimously Approved


D) 20-030 MnDOT TH 94 Frontage Road Improvements (Hosch) Ms. Hosch reviewed permit #20-030 for MnDOT TH94 Frontage Road Improvements. The applicant, MnDOT will perform sidewalk, pedestrian ramp and APS upgrades between Pascal and Hamline Avenue. The applicable rules are Stormwater Management (Rule C), Flood Control (Rule D), and Erosion and Sediment Control (Rule F). The disturbed area of this project is 2.29 acres with .45 acres impervious surface. Motion 20-182: Approve with 1 Condition: 1. Provide a copy of the NPDES permit. Murphy/Sanders Unanimously Approved Motion 20-183: Approve withdrawal of 1,957 ft from MnDOT’s credit volume bank. Murphy/Sanders Unanimously Approved V.

Action Items A) AR: Approve Minutes of the September 2, 2020 Workshop and Regular Meeting (Sylvander)

Motion 20-184: Approve the Minutes of the September 2, 2020 Regular Meeting. Murphy/Sanders Unanimously Approved B) AR: Approve Accounts Payable/Receivables for August (Sylvander) Motion 20-185: Approve August 2020 Accounts Payable/Receivable and Budget Report. Murphy/Sanders Unanimously approved C) AR: Approve Diversity, Equity, and Inclusion Plan (Gardner) Ms. Gardner reviewed CRWD’s diversity and inclusion statement formalized by the Board of Managers in 2010, “The Capitol Region Watershed District embraces and values diversity and seeks to recruit, promote and retain employees that reflect the community we serve. We believe that a diverse mix of employees enrich the workplace and enhance the quality of our service. The Capitol Region Watershed District encourages all qualified to apply for open positions.” The Board directed staff to develop a Diversity Plan with support from a consultant in 2016. A Committee comprised of two Board Managers, a Citizen Advisory Committee (CAC) member and staff was created to interview and hire a firm to develop the Plan. A Diversity Strategic Plan was developed and approved in


2018. In 2020, District staff along with Kevin Lindsay, developed Implementation Tasks supporting the Diversity, Equity, and Inclusion Plan. In August and early September, CRWD Staff, the Diversity Committee and CAC reviewed and commented on the Implementation Tasks. Updates were made to the plan. Ms. Gardner provided a review of comments made from the feedback and addressed comments from Managers. Motion 20-186: Adopt 2020-2025 Diversity, Equity, and Inclusion Plan. Murphy/Sanders Unanimously approved Administrator Doneux announced that Ms. Gardner has been assigned as the district’s Diversity Coordinator. D) AR: Approve Grant Agreement to City of St. Paul for Ford Site Redevelopment (Fossum) Mr. Fossum reviewed that the District has been working with Ryan Companies and the City of St. Paul on various aspects of the design of the project over the past couple of years. At the May 20, 2020 Board meeting, the Managers approved a grant to the City of St. Paul for elements #1--Ford Parkway Baseflow Groundwater Capture and #2--Southern Stormwater Enhancements from their 4/28/2020 funding request for an amount not to exceed $795,000 and direct staff to develop a grant agreement with the City of St. Paul for subsequent Board approval. At the July 22, 2020 Board meeting, the Managers approved a grant award to the City of Saint Paul for Mississippi River Boulevard Stream Crossing, Alternative 2 for an amount not to exceed $926,063 and directed staff to develop a grant agreement with the City of St. Paul for subsequent Board approval. At the September 2, 2020 Board meeting, the Managers reviewed and reached consensus on the cash flow terms of the grant agreement that would cover both grant approvals. Motion 20-187: Approve grant agreement with City of St. Paul for an amount not to exceed $1,721,063 for the Ford Site and authorize Board President and Administrator to execute the grant agreement, subject to the review and approval of the Ramsey County Attorney. Murphy/Sanders Unanimously approved E) AR: Approve CRWD Public Art Program Guiding Principles (Schwantes) Ms. Schwantes shared that in 2010, the Board of Managers approved engaging the services of Public Art Saint Paul and Ms. Christine Baeumler as CRWD’s Artist in Residence. As part of this initiative, a report was drafted called The Watershed Language of Art to help provide direction on how art can enhance the District’s mission. Art and artistic consultation have since been integrated into many District projects and programs including the Green Line green infrastructure practices, Midway Peace Park and many elements in our new office as well as adding a Public Art Program to our annual budget. A ripple mapping exercise to evaluate CRWD’s Public Art Program was facilitated by Abby Gold and took place on July 27. Board Manager Seitu Jones, CRWD Watershed Artist in Residence, Christine Baeumler, Mark Doneux, Anna Eleria, Jessica Bromelkamp, Lindsay Schwantes from staff, and CAC member Pat Cavanaugh were in attendance. Artist in Residence, Christine Baeumler used the exercise to draft a set of recommendations


and guidance for enhancing the District’s Public Art Program and improving the integration of art into other projects and programs outlined in the attached Draft CRWD Public Art Program Guiding Principles document. Ms. Christine Baeumler thanked Administrator Doneux for this opportunity. Motion 20-188: Approve the CRWD Public Art Program Guiding Principles. Murphy/Sanders Unanimously approved F) AR: Approve Contract Amendment for Como Golf Course Stormwater Project (Kelley) Mr. Kelley provided the board with a review of CRWD working with the City of Saint Paul to develop a stormwater master plan for Como Regional Park, which identified several potential regional Best Management Practice (BMP) sites. In 2018, CRWD contracted with Houston Engineering Inc. (HEI) to advance designs of the Iron Enhanced Sand Filter Bench at the northwest Golf Course Pond, and expansion of the existing Polar Bear Infiltration Basin combined with additional underground infiltration pipes at Hole 7 near the zoo. The work at the Zoo/Hole 7 is substantially complete, and Iron Enhanced Sand is scheduled for placement the week of 9/14/2020. During the push to finalize plans last spring, Houston Engineering worked with the Parks Department’s golf course architect, Norby Golf Design to incorporate drawings and specifications for restoration of the fairways. This collaboration took longer than anticipated, with an iterative review process, multiple design changes, and 2 additional virtual meetings during the beginning of the stay at home order. CRWD staff requested additional work on temporary and permanent educational signage to be installed on the golf course. Houston Engineering has agreed to absorb around $20,000 of the actual amount of the cost overrun. This amendment provides services to bring the project to full completion. Motion 20-189: Approve Contract Amendment #5 with HEI for Como Park BMP Project Additional Services totaling $49,973 and a new total contract not to exceed $355,818. Murphy/Sanders Unanimously approved G) AR: Authorize Notice of Award and Order Construction of the Seminary Pond Improvement Project (Eleria) Ms. Eleria reviewed that in early August 2020, CRWD’s Board of Managers approved plans and cooperative agreements and authorized bidding for the Seminary Pond Improvement Project. The project, a partnership between CRWD, City of Lauderdale, City of Falcon Heights, Ramsey County and the University of Minnesota, will minimize stormwater runoff volumes and pollutant loads from Seminary Pond, a regional stormwater pond built over 20 years ago that serves a 128-acre subwatershed. There are three distinct project areas: 1) Seminary Pond – converting it from a dry pond to a wet pond, installing two iron-enhanced sand filter benches and pretreatment structures, and stabilizing the primary inlet and channel to the pond; 2) Gasperre Ravine – stabilizing the eroded ravine located north and upstream of Seminary Pond; and 3) Fowell/Fulham outlet pipe – extending it to stabilize an eroded ravine located east of Seminary Pond.


The bidding period for the project extended over a three-and-a-half-week period from August 10 – September 2, 2020. The base bid for the project includes Seminary Pond and Gasperre Ravine (areas #1 and #2). The Fowell/Fulham outlet pipe (area #3) was bid as an alternate at the start of the bidding because an easement on private property was still in negotiation. At this time, final easement language is being prepared and signatures will be obtained from the property owner and Falcon Heights by September 23rd, which corresponds with the next Falcon Heights City Council meeting. CRWD received bids from ten contractors, which ranged from approximately $455,000 to $848,000 for the entire project (base bid plus alternate). The engineer’s estimate for the entire project was $750,000 and eight out of 10 bids were below the estimate. Nadeau Companies submitted the lowest base bid plus alternate. CRWD and Barr Engineering staff have reviewed and discussed the detailed bid with Nadeau Companies and verified Nadeau’s responsiveness and qualifications for this project. Motion 20-190: Order construction of the Seminary Pond Improvement Project and authorize the Board President and Administrator to execute a Notice of Award and an Agreement with Nadeau Companies, subject to the review and approval of the Ramsey County Attorney; and authorize the Administrator to execute change orders in an amount not to exceed $75,000. Murphy/Sanders Unanimously approved VI.

Unfinished Business A) Como Lake Management Update (Belden)

Ms. Belden provided an update on the Como Lake Management. Ramsey County was recruited to help with a shoreline assessment. The assessment will be put into a report and developed over the winter. Ramsey County also helping with several other projects including the curly leaf urbicidal treatment done in the spring of 2020. Staff have been working with Wenck and DNR regarding fishery data. Staff are also working with District 10 to develop a walking tour around the lake that can be offered online. Ms. Belden will be returning to the board again this winter with additional updates. Manager Murphy asked if there have been any comments regarding the work done at Como. Ms. Belden replied that she has received several positive comments regarding the condition of the lake this summer. B) Watershed Management Plan (Eleria) Ms. Eleria shared that she will be printing copies of the plan. Each Manager will be provided with a copy Ms. Eleria will be BWSR and will share a link to the meeting. VII.

General Information A) Board of Manager’s Updates

Manager Texer shared that she is pleased that Ms. Pat Cavanaugh is back with the CAC. VIII. Next Meetings


A) B) IX.

Wednesday, October 7, 2020 - 5:00 PM – Board Workshop and Regular Meeting Wednesday, October 14, 2020 - 7:00 PM – CAC Meeting Manager Sanders Adjournment

Motion 20-191: Adjournment of the September 16, 2020 Regular Board Meeting at 8:00 P.M. Murphy/Sanders Unanimously Approved Respectfully submitted, Michelle Sylvander


October 7, 2020 Board Meeting V. Action Items B.) 2021 Minnesota Water Stewards Program (Schwantes)

DATE: TO: FROM: RE:

October 1, 2020 CRWD Board of Managers Lindsay Schwantes, Community Outreach Coordinator CRWD 2021 Minnesota Water Stewards Program

Background The Minnesota Water Stewards program trains, certifies and supports community leaders to install pollution prevention projects that educate community members and reduce polluted runoff. CRWD recruited its first class of Stewards in 2016 and currently has five cohorts and 20 active stewards. Update In response to feedback from partner organizations as well as challenges with in-person gatherings due to COVID 19, Freshwater has made changes to the program for the upcoming cohort. Additionally, the program is now called Minnesota Water Stewards to better align with anti-racist values. Changes to the upcoming program year were made with the goals to use the same curriculum, reduce the cost per stewards and accommodate changes required to keep stewards and staff safe during COVID 19. The training will shift to be held fully online with opportunities for scheduled in-person or virtual check-ins and kick-off and closing gatherings hosted by Freshwater. The cost for partners to sponsor stewards in 2021 has been reduced to $1,500 compared to $2,500 in previous years. Finally, the training schedule has shifted to run from January – May 2021 compared the October – April of previous program years. Freshwater will provide the following services for the 2021 cohort: • • • •

online recruitment gatherings/info sessions planned with partners a kick-off virtual workshop/intro class independent online course study and a concluding workshop to lead into capstone work

Looking to the future of Minnesota Water Stewards, Freshwater plans to shift entirely to a self-led online training curriculum that would be offered at a much lower cost per Steward and have opportunities for partner organizations like CRWD to sponsor and engage with Stewards upon completing the coursework. Staff plan to provide a future update to the Board as the program details become clear. Requested Action Authorize the Administrator to enter into an Agreement with Freshwater to host up to six Minnesota Water Stewards for the 2021 program year at a cost of $1,500 per steward with a total not to exceed $9,000. enc: Freshwater 2021 Minnesota Water Stewards Partner Agreement W:\07 Programs\Edu-Outreach\Minnesota Water Stewards\2021\BM_2021Minnesota Water Stewards.docx

Our mission is to protect, manage and improve the water resources of Capitol Region Watershed District.


AGREEMENT BETWEEN CAPITOL REGION WATERSHED DISTRICT & FRESHWATER SOCIETY MINNESOTA WATER STEWARDS 2020-2021 PROGRAM YEAR

This agreement is entered into by the Capitol Region Watershed District (MWS PARTNER), and Freshwater Society (FWS) (together, the Parties). The purpose of the agreement is to continue the development and implementation of the Minnesota Water Stewards education and outreach program whereby volunteers receive training and complete capstone projects to become certified Minnesota Water Stewards and thereby increase capacity for property owners to contribute to pollution reduction and the protection and improvement of water resources (the Program).

Introduction This is a contract for training and certification services of the Minnesota Water Stewards Program. FWS provides the program services and will deliver training and certification through their Minnesota Water Stewards Program, a program that trains and certifies community members (Stewards) on ways to improve water quality at the local level. FWS schedules the classes and provides the education and support to Stewards that are participants in the program, and provides a certification to Stewards that successfully complete the program. The MWS PARTNER is interested in contracting with FWS to provide the training and certification to community members within the MWS PARTNER who will become citizen ambassadors and leaders who can train and advise other members of the community on ways to improve water quality.

Recitals WHEREAS the MWS PARTNER recognizes that education and outreach efforts are critical to achieving its water resource protection and improvement goals; WHEREAS the FWS’s Minnesota Water Stewards Program builds community capacity to encourage and support widespread, dispersed water quality improvement projects; WHEREAS the FWS has a well-established history of community outreach and capacity-building for water resource protection; and WHEREAS the FWS and MWS PARTNER wish to further the success of the Minnesota Water Stewards education and outreach program whereby volunteers receive training on ways to improve water quality at the local level, complete capstone projects, and become certified Minnesota Water Stewards who will become citizen ambassadors and leaders that will be able to train and advise other members of the community on ways to improve water quality and contribute to pollution reduction, and the protection and improvement of water resources.


NOW, THEREFORE, in consideration of the terms and conditions set forth herein, including the obligations of mutual consideration, the sufficiency of which is hereby acknowledged, the MWS PARTNER and FWS agree as follows: 1.

FWS RIGHTS AND RESPONSIBILITIES

1.1

Scope of Work. FWS will perform services in accordance with this agreement and as described in Exhibit A (hereinafter referred to as “the Services.”) Exhibit A is incorporated into this agreement and its terms are binding on FWS as a term hereof. FWS will furnish the expertise needed to complete its obligations with regard to the Services.

1.2

Compensation. FWS will be compensated by the MWS PARTNER for the Services in accordance with paragraph 2.2 and Exhibit B, and FWS will submit invoices in accordance with Exhibit B. FWS will maintain all records pertaining to fees or costs incurred in connection with the Program for six years from the date of completion of the Program. FWS agrees that any authorized MWS PARTNER representative or the state auditor may have access to and the right to examine, audit and copy any such records during normal business hours. Pursuant to Minnesota Statutes, section 16C.05, subdivision 5, the books, records, documents, and accounting procedures of FWS relevant to the Services provided under this agreement are subject to examination by MWS PARTNER and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years.

1.3

Permits; Oversight; Compliance with Laws. As between the Parties, FWS will obtain any permits, licenses and approvals necessary for the Program, and will ensure that the Services are completed in accordance with applicable law and regulatory standards and criteria, if any, except that FWS is not responsible for and will perform no oversight role with regard to the MWS PARTNER’s work on or contributions to the Program or the MWS PARTNER’s disbursement of cost-share funding that may be available as described in Exhibit B. In performing the Services, FWS will ensure that no person is excluded from full employment rights or participation in or the benefits of any program, service or activity on the ground of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status or national origin; and no person who is protected by applicable federal or state laws, rules or regulations against discrimination otherwise will be subjected to discrimination.

1.4

Subcontracting. FWS will not assign, subcontract or transfer any obligation or interest in this agreement or any of the Services without providing notice to the MWS PARTNER and pursuant to any conditions included in that consent. The MWS PARTNER consent to the subcontracting does not relieve FWS of its responsibility to perform the Services or any part thereof, nor in any respect its warranty, insurance, indemnification, duty to defend or agreement to hold harmless with respect to the Services.

1.5

Warranty and Indemnification. FWS will perform the Services in accordance with due professional care. FWS will hold the MWS PARTNER, its board members, employees, officials, and agents harmless, and will defend and indemnify the MWS PARTNER, with respect to all claims or actions including attorney’s fees, costs, damages, expenses, actions and liabilities of any nature that the MWS PARTNER, its officials or employees may hereafter sustain, incur, or be required to pay, arising from: (a) FWS’s negligent or wrongful act or omission, or breach of a specific contractual duty by FWS or its agents or employees; or (b) a subcontractor’s negligent or wrongful act or omission, or breach of a specific contractual duty owed by FWS to the MWS PARTNER. For any claim subject to indemnification under this paragraph by an employee of FWS or a subcontractor, the indemnification obligation is not limited by a limitation on the


amount or type of damages, compensation or benefits payable by or for FWS or a subcontractor under workers’ compensation acts, disability acts or other employee benefit acts. 1.6

Insurance. At all times during the term of this agreement, FWS will have and keep in force the following insurance coverages: A.

General: $1.5 million each occurrence and aggregate, covering completed operations and contractual liability on an occurrence basis.

B.

Automobile liability: $1.5 million combined single limit each occurrence coverage for bodily injury and property damage covering all vehicles on an occurrence basis.

C.

Workers’ compensation: in accordance with legal requirements applicable to FWS.

D.

Professional Liability: A minimum of $1.5 million per claim and $1.5 million aggregate. FWS will need to evidence continuation of this insurance at the required limits for at least five years after the project is completed.

FWS will provide the MWS PARTNER with a certificate of insurance clearly evidencing the required coverages upon request. 2.

MWS PARTNER RIGHTS AND RESPONSIBILITIES

2.1

Scope of Work. MWS PARTNER will provide program management and contribute to education and outreach efforts, and manage commitments and disbursement of cost-share funding (if applicable) as described in Exhibit B. The MWS PARTNER will furnish all materials, equipment, tools, labor and expertise needed to complete its responsibilities under this agreement and Exhibit B.

2.2

The MWS PARTNER will compensate FWS for the Program in accordance with the amounts specified in Exhibit B and this paragraph. No other fees or direct costs shall be paid or reimbursed by the MWS PARTNER to FWS. Total payment means all sums to be paid whatsoever. Any interest accrual disputes regarding payment shall be governed by the provision of Minn. Stat. Section 471.425.

2.3

The MWS PARTNER will indemnify, defend and hold harmless FWS, its officers, employees and agents, from any and all actions, costs, damages and liabilities of any nature to the degree they are the result of any negligent action or inaction by the MWS PARTNER related to its obligations under this agreement that serve as the basis for the MWS PARTNER’s liability in law or equity.

General Terms 3. Independent Relationship. The MWS PARTNER’s cooperation with and contributions to the Program notwithstanding, FWS is an independent contractor under this agreement. FWS will select the means, method and manner of performing the Services. Nothing herein contained is intended or should be construed to constitute FWS as the agent, representative, or employee of the MWS PARTNER for any purpose or in any manner whatsoever. FWS is independent, and its employees, agents, representatives, subcontractors, or any other personnel performing the Services on behalf of FWS will not be considered employees of the MWS PARTNER and will not be entitled to any compensation, rights or benefits of any kind from the MWS PARTNER. From any amounts due FWS, there will be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other purposes which are associated with an employer-employee relationship unless required by


law. Payments of federal income tax, FICA payments, and state income tax are the responsibility of FWS. By executing this agreement, FWS acknowledges that the MWS PARTNER is under no obligation or commitment to continuing any other programs it may sponsor, manage, or provide. The MWS PARTNER retains all authority to determine the nature and funding of the MWS PARTNER’s programs and projects, beyond specific commitments and obligations agreed to herein. 4. Term and Termination. This agreement becomes effective when fully executed and will remain effective through completion of this Program, unless earlier terminated as set forth herein. The services will be provided by the Parties in accordance with the timeline outlined in Exhibit A. Insurance obligations; warranties; obligations to defend, indemnify and hold harmless; and document-retention requirements will survive the completion of the Services and/or termination of the agreement. In the event that either or both of the Parties determines that reasonable and adequate progress toward the completion of the Program is not being made, the Parties will collaborate on the development of a reconfiguration of the Parties’ rights and responsibilities under this agreement to best achieve the goals and outcomes of the Program. However, the MWS PARTNER may terminate this agreement at its convenience, by a written termination notice stating specifically what prior authorized or additional tasks or services it requires FWS to complete. FWS will receive full compensation for all authorized work performed in accordance with paragraph 1.1 and this paragraph of this agreement, except that FWS will not be compensated for any part performance of a specified task or service if termination is due to FWS’s breach of this agreement. The MWS PARTNER will notify FWS by written notice of termination or change to the Services. The MWS PARTNER will not be obligated to compensate FWS for Services provided after the notice is given and the effective date of termination under this provision. Cancellations and Dropouts: MWS PARTNER is responsible for full payment of the program fees of $1,500 per Steward for the program year in accordance with paragraph 2.2 and Exhibit B, and FWS is not able to refund those fees for cancellations or dropouts. If a Steward cancels or drops out of the Program the MWS PARTNER will be allowed to replace that Steward with a substitute Steward. 5. Waiver. The failure of either party to insist on the strict performance by the other party of any provision or obligation under this agreement, or to exercise any option, remedy or right herein, will not waive or relinquish the party’s rights in the future to insist on strict performance of any provision, condition or obligation, all of which will remain in full force and affect. The waiver of either party on one or more occasion of any provision or obligation of this agreement will not be construed as a waiver of any subsequent breach of the same provision or obligation, and the consent or approval by either party to or of any act by the other requiring consent or approval will not render unnecessary such party’s consent or approval to any subsequent similar act by the other. Notwithstanding any other term of this agreement, the MWS PARTNER waives no immunity in tort. This agreement creates no right in and waives no immunity, defense or liability limit with respect to any third party. 6. Non-Discrimination: FWS agrees that in the hiring of all labor for the performance of any work under this Agreement, that it will not by reason of race, creed, color, sex, national origin, sexual preference or disability, discriminate against any person who is a citizen of the United States and who qualifies and is available to perform the work to which such employment relates. FWS agrees to comply with all Federal, State, and local nondiscrimination laws and ordinances, in particular the applicable provisions of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972. FWS agrees to have in effect an affirmative action program and shall furnish a certificate of compliance with this requirement to the MWS PARTNER, upon request.


7. Data Practices; Confidentiality: All data collected, created, maintained, or disseminated for any purposes in the course of FWS’s performance of this agreement is governed by the Minnesota Government Data Practices Act, Minn. Stat 13.01 et seq. or any other applicable state statutes, and any state rules adopted to implement the Act and statutes. FWS agrees to abide strictly by these statutes, rules, and regulations. If FWS receives a request for data pursuant to the Data Practices Act, Minnesota Statutes chapter 13 (DPA), that may encompass data (as that term is defined in the DPA) FWS possesses or has created as a result of this agreement, it will inform the MWS PARTNER immediately and transmit a copy of the request. If the request is addressed to the MWS PARTNER, FWS will not provide any information or documents, but will direct the inquiry to the MWS PARTNER. If the request is addressed to FWS, FWS will be responsible to determine whether it is legally required to respond to the request and otherwise what its legal obligations are, but will notify and consult with the MWS PARTNER and its legal counsel before replying. Nothing in the preceding sentence supersedes FWS’s obligations under this agreement with respect to protection of MWS PARTNER data, property rights in data or confidentiality. Nothing in this section constitutes a determination that FWS is performing a governmental function within the meaning of Minnesota Statutes section 13.05, subdivision 11, or otherwise expands the applicability of the DPA beyond its scope under governing law. FWS agrees that it will not disclose and will hold in confidence any and all proprietary materials owned or possessed by the MWS PARTNER and so denominated by the MWS PARTNER. FWS will not use any such materials for any purpose other than performance of the Program without the MWS PARTNER’s written consent. This restriction does not apply to materials already possessed by FWS or that FWS received on a non-confidential basis from the MWS PARTNER or another party. Consistent with the terms of this section 7 regarding use and protection of confidential and proprietary information, FWS retains a nonexclusive license to use the materials and may publish or use the materials in its professional activities. Any FWS warranty under this agreement does not extend to any party other than the MWS PARTNER or to any use of the materials by the MWS PARTNER other than for the purpose(s) for which FWS is compensated under this agreement. 8. Property Rights; License. Except as otherwise specified herein, all property furnished to or for the use of FWS or a subcontractor by the MWS PARTNER, and all property purchased or created by FWS solely with MWS PARTNER funds, and not fully used in the performance of the Program, including but not limited to equipment, supplies, materials, data, both hard copy and electronic, is the property of the MWS PARTNER and will be returned to the MWS PARTNER at the conclusion of the performance of the Program, or sooner if requested by the MWS PARTNER. All rights, title and interest in the Minnesota Water Stewards curriculum, in existence or as may be further developed, and the source material from which it is produced, including copyrights and the right to license the materials and data to other users, will remain the property of FWS (the MWS Curriculum). FWS assigns to the MWS PARTNER a perpetual, exclusive, royalty-free worldwide license to effect the purposes of this agreement. “Source material” for purposes of this agreement is defined to include all text, photographic images, video and sound recordings created for purposes of producing the curriculum, whether or not such text, images and recordings are used in the production of the curriculum. The MWS PARTNER may use, reproduce, modify, distribute, transmit, broadcast and publicly display the MWS Curriculum in whole or part, with approval in writing by FWS. 9. Conflicts of Interest. FWS shall inform its clients about any potential conflicts created by this agreement. FWS shall immediately discuss with the MWS PARTNER any current or new obligations, which may directly conflict with the ongoing work under this agreement with MWS PARTNER. 10. Notices. Any written communication required under this agreement to be provided in writing will be directed to the other party as follows:


To MWS PARTNER: Administrator Capitol Region Watershed District 595 Aldine St. St. Paul, MN 55104 To FWS: Finance Director Freshwater Society 2424 Territorial Rd Suite B St. Paul, MN 55114 Either of the above individuals may in writing designate another individual to receive communications under this agreement. 11. Choice of Law, Venue and Jurisdiction. This agreement will be construed under and governed by the laws of the State of Minnesota. 12. Legal Compliance. Each of the Parties agree to comply with all applicable federal, state, and local laws, rules, regulations, and ordinances in carrying out their respective obligations under this agreement. 13. Whole Agreement. The entire agreement between the Parties is contained herein and this agreement supersedes all oral agreements and negotiations relating to the subject matter hereof. Any modification of this agreement is valid only when reduced to writing as an amendment to the agreement and signed by the Parties. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto execute and deliver this agreement. FRESHWATER SOCIETY Signature_______________________________

Date: ________________________

Printed Name __________________________ Its ___________________________________

CAPITOL REGION WATERSHED DISTRICT Signature________________________________ Printed Name ___________________________ Its ____________________________________

Date: ________________________


CAPITOL REGION WATERSHED DISTRICT EXHIBIT A Minnesota Water Stewards Program Partnership Scope and Tasks

Freshwater Society (FWS) will:

         

Provide recruiting material and host information sessions as part of recruiting community members as potential Minnesota Water Stewards. Accept electronic applications through the minnesotawaterstewards.org website and provide the application information to the watershed. Develop the curriculum, provide the technology platform, organize the workshops, procure subject matter experts, and facilitate the workshops of the Minnesota Water Stewards Program. The workshops will take place in January and May of the program year. Provide Stewards with education and support to develop and implement a capstone project. Track Stewards to ensure that they are meeting requirements to become a Minnesota Water Steward and upon request provide this information to the partner. Certify Stewards who successfully complete the Program. Track volunteer hours throughout the lifetime certification of each Steward. Collaborate with the partner to develop meaningful volunteer opportunities for Stewards that are consistent with partner’s water management priorities. Develop ongoing activities to build and support Stewards as a community, including offering opportunities for continuing education during the program year. Maintain a contact list of Master Water Stewards and an efficient way to communicate with Stewards.

Program Timeline The following is the estimated timeline for the 2021 Program: Fall 2020: Steward recruitment January 2021: FWS facilitates welcome/orientation workshop for Stewards participating in the 2021 Program February - April 2021: Stewards complete online coursework and participate in three partner-hosted check-ins May 2021: FWS facilitates Next Steps workshop May - October 2021: Stewards complete capstone projects and certification process


CAPITOL REGION WATERSHED DISTRICT EXHIBIT B Minnesota Water Stewards Program Partnership Scope and Tasks

The MWS PARTNER)will: • Recruit Stewards and pay program fees to FWS for ___6____Steward(s) for the 2020-2021 program year. • Complete, sign and return this Agreement to FWS no later than January 11, 2021. • Pay FWS a program fee of $1,500 per Steward. Such program fee shall constitute payment in full for all Services provided by FWS to MWS PARTNER under this agreement. FWS will invoice the MWS PARTNER for the total program fees on or after January 15, 2021, with the full amount of the total program fees due by March 1, 2021. • Cancellation and Drop Out Policy: MWS PARTNER is responsible for full payment of the program fee and FWS is not able to refund those fees for cancellations or drop outs. However, if a Steward cancels or drops out, the MWS PARTNER will be allowed to replace that Steward with a substitute Steward. • Provide meeting space (when applicable), organize and facilitate a watershed tour (when possible), and provide local subject matter experts (e.g. designers or engineers) during training. • Facilitate the submission of applications for the Steward’s capstone projects that will qualify for the MWS PARTNER’s cost-share program (if applicable). Funding of capstone projects will be at the MWS PARTNER’s sole discretion, and in compliance with the goals and priorities of the MWS PARTNER. • Collaborate with FWS to identify and develop meaningful volunteer opportunities for Stewards that are consistent with the MWS PARTNER’s water management priorities.