HomeMy WebLinkAbout10D - Deerfield Industrial EAW
DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
JULY 7, 2003
10D
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING
MFRA TO PROVIDE PROFESSIONAL SERVICES FOR THE
PREPARATION OF THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR THE DEERFIELD INDUSTRIAL PARK
DEVELOPMENT
History: The development of the Deerfield Industrial Park triggers a
mandatory Environmental Assessment Worksheet (EA W) under Minnesota
Rules. These same rules require the Responsible Governmental Unit (RGU)
to prepare and submit the EA W, rather than the developer. In this case, the
City of Prior Lake is the RGU.
Current Circumstances: The staff has received an application for a
preliminary plat for this site. While the application was incomplete, the staff
solicited proposals for the preparation of the EA W in order to facilitate this
reVIew.
Staff received the following proposals:
Consultant Cost Completion Date
(RGU declaration)
Bonestroo Rosene $14,900 October, 2003
Anderlik & Associates
Liesch Associates, Inc. $21,237 October, 2003
MFRA $12,000 November 28, 2003
SHE $24,278 November, 2003
SRF $46,000 December, 2003
Stanley Consultants $19,900 August 15,2003
(preparation only, does not
include comment period or
. declaration
WSB $16,602 October 27, 2003
The staff is recommending MFRA for this project.
1'6'2d'der~~r~cJC~~~'kOWifJi~~f?,e'j!1}1\3/n~k~~\~~~eC~6'Wr~72-1714 / Ph. (952) 447-4230 / Fax (952) 441-4245
AN EQUAL OPPORTUNITY EMPLOYER
ISSUES:
Timinl!: Preparation of the EA W is largely dependent on the submittal of
complete and accurate information. The developer has submitted additional
information for the preliminary plat. Staffhas not yet reviewed the
information, but provided it is complete, the suggested timelines are not
unreasonable.
Fundinl!: The cost of this project will be paid by the developers, as required
by Zoning Ordinance Section 1109.902. The staff proposes to collect
$15,000 from the developer and place this in escrow. This cost includes
125% of the consultants cost estimate, including other professional services
as may be necessary. The amount also builds in a contingency for any
unexpected costs due to unforeseen problems or issues, as well as staff time
and City Attorney time for this project. Any unused funds will be returned
to the developer. Alternatively, if the cost of the project reaches $12,000 the
developer will be asked to deposit additional funds.
FINANCIAL IMP ACT: The cost of the project will be born by the developer. Completion of this
project will facilitate construction of new dwellings, which will contribute to
the City's tax base.
ALTERNATIVES:
There are two alternatives for the City Council to consider:
1. Approve a resolution which authorizes the City to enter into its standard
professional services contract with MFRA to prepare an Environmental
Assessment Worksheet for the Deerfield Industrial Park development for
a fee not to exceed $12,000.
2. Deny this item for a specific reason and provide staffwith direction.
RECOMMENDED
MOTION: Staff recommends adoption of Alternative No. 1.
ACTION REQUIRED: adopt the Resolution stated above.
REVIEWED BY:
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RESOLUTION 03-XX
A RESOLUTION APPROVING MFRA TO PROVIDE PROFESSIONAL CONSULTING
SERVICES FOR THE PREPARATION OF AN ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR THE DEERFIELD INDUSTRIAL PARK DEVELOPMENT
MOTION BY:
SECOND BY:
WHEREAS,
The owners of the property common known as the Deerfield Industrial Park are
proposing a development; and
WHEREAS,
Development of this site triggers a mandatory Environmental Assessment
Worksheet (EA W) under Minnesota Rules Chapter 4410; and
WHEREAS,
The City of Prior Lake is the Responsible Governmental Unit (RGU) charged
with the preparation of the EA W; and
WHEREAS,
Professional services are required for this project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA that:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to execute the City's standard professional services
contract with MFRA to provide professional services for the preparation of the EA W for the
Deerfield Industrial Park development for a total fee not to exceed $12,000.
3. The funding for the contract is to be paid in its entirety by the developers.
Passed and adopted this 7th day of July, 2003.
YES
NO
Haugen Haugen
Blomberg Blomberg
LeMair LeMair
Petersen Petersen
Zieska Zieska
{Seal}
City Manager
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesot~ 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the th day of July, 2003, between the City of Prior Lake, Minnesota
(hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior Lake, MN 5537:6
1714, and MFRA, a Minnesota corporation (hereinafter "Consultant") whose business address is 15050
23rd Avenue North, Plymouth, MN, 55447.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants b provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this agreement is to set forth the
terms and conditions for the provision of professional services by Consultant for the preparation of an
Environmental Assessment Worksheet for the Deerfield Industrial Park development, hereinafter referred
to as the "Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services stated in the
"Proposal To Prepare an Environmental Assessment Worksheet for Deerfield Industrial Park"
received June 27, 2003, and attached hereto and incorporated herein as Exhibit "A" in connection
with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A within the following timeframe unless otherwise agreed upon in writing:
See "Potential EAW Schedule" in Section 3 of attached Exhibit "A".
3. Compensation for Services. City agrees to pay the Consultant $12,000.00 for the services as
described in Paragraph 1 (and Exhibit A).
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approval by an authorized representative of the City or
by the City Council. The City will not pay additional compensation for services that do not
have prior written authorization.
B. Special Consultants may be utilzed by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
shall obtain access to and make all ~rovisions for the Consultant to enter uPo:"'~,and
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private lands or property as required for the Consultant to perform such serviCEs necessary
to complete the Work.
B. Consideration of the Consultant's Work The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the Consultant,
and shall inform the Consultant of all decisions required of City within a reasonable time so
as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction st81dards they may require in the
preparation of the report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for
professional services performed under Section 4 of this Agreement. Bills submitted shall be paid
in the same manner as other claims made to the City.
A. Proqress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate
for each employee, his or her name, job title, the number of hours worked, rate of pay for
each employee, a computation of amounts due for each employee, and the total anount
due for each project task. Consultant shall verify all statement submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if permitted in Exhibit A, the Consultant shall provide such docum81tation as
reasonably required by the City.
B. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned or
suspended in whole or in part by the City, the Consultant shall be paid for any services
performed on account of it prior to receipt of written notice from the City of such
abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated
herein by reference.
C. Payments for the Consultant's Reimbursable Costs. The Consultant shall be reimbursed
for the work of special consultants, as described in Section 3B, and for other items when
authorized in writing by the City. Such items shall include: transportation of principals and
employees on special trips to the Project or to other locations, materials am supplies, and
AutoCAD as required to expedite the work, and reproduction of reports.
7. Project Manager and Staffing. The Consultant has designated Alan J. Duff, Environmental
Planner and Cynthia M. Olness. Senior Planner, to serve on the Project. They shall be assisted by
other staff members as necessary to facilitate the completion of the Project in accordance with the
terms established herein. Consultant may not remove or replaceAlan J. Duff or Cynthia M. Olness
from the Project without the approval of the City.
8.
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9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and records as are pertinent to all services provided
under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by,
the Consultant under this Agreement which the City requests to be kept confidenlal shall not be
made available to any individual or organization without the City's prior written approval. All
finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,
and reports prepared by the Consultant shall bocome the property of the City upon termination of
this Agreement, but Consultant may retain copies of such documents as records of the services
provided.
10. Term. The term of this Agreement shall be from July 7,2003 through, December 31,2003 the
date of signature by the parties notwithstanding. This Agreement may be extended upon the
written mutual consent of the parties for such additional period as they deem appropriate, and
upon the terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice
delivered to the other party at the address written above. Upon termination under this provision if
there is no fault of the Consultant, the Consultant shall be paid for services endered and
reimbursable expenses until the effective date of termination. If however, the City terminates the
Agreement because of the Consultant has failed to perform in accordance with this Agreement, no
further payment shall be made to the Consultant, and the City may retain another contractor to
undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs
for the work (including payments to both the present contractor and a future contractor) which
exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant
shall be responsible for the difference between the cost actually incurred and the Agreement
amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the City.
The Consultant shall pay any subcontractor involved in the performance of this Agreement within
the ten (10) days of the Consultalt's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City, the Consultant
shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or
any part of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, tl"e Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
interest penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be construed
so as to find the Consultant an employee d the City.
14.
Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status wth regard to public assistance, disability, or
age. The Consultant shall post in places available to employees and applicants for employment,
notices setting forth the provision of this norrdiscrimination clause and stating that all qualified
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applicants will receive consideration for employment. The Consultant shall incorporate the
foregoing requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all subcontracts
for program work.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
16. Services Not Provided For. No claim for services furnished by the ConSJltant not specifically
provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such recision shall not
affect the remaining provisions of this Agreement.
18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subjed matter
hereof as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties, unless
otherwise provided herein.
19. Compliance with Laws and Regulations In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisiors of services to
be provided. The Consultant and City, together with their respective agents and employees, agree
to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall constitute a
material breach of this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission
(including without limitation professional errors or omissions) of the Consultant, its agents,
employees, or subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any respect, all
obligations under this Agreement.
22. Insurance.
A.
General Liability. During the term of this Agreement, Consultant shall maintain a general
liability insurance policy with limits of at least $600,000 for each person, and each
occurrence, for both personal injury and property damaga. This policy shall name the City
as an additional insured for the services provided under this Agreement and shall provide
that the Consultant's coverage shall be the primary coverage in the event of a loss. The
policy shall also insure the indemnification obligation contained in Paragraph No. 21. A
certificate of insurance on the City's approved form which verifies the existence of this
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insurance coverage must be provided to the City before work under this Agreement is
begun.
B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Worker's Compensation Acts and from claims for
bodily injury, death, or property damage which may arise from the performance of
Consultant's services under this Agreement.
C. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate
evidencing that they have in effect, with an insurance company in good standing and
authorized to do business in Minnesota, a profe$ional liability insurance policy. Said
policy shall insure payment of damage for legal liability arising out of the performance of
professional services for the City, in the insured's capacity as the Consultant, if such legal
liability is caused by an error, omission, or negligent act of the insured or any person or
organization for whom the insured is legally liable. Said policy shall provide an aggregate
limit of $1 ,000,000.
23. Records Access. The Consultant shall provide the City access to any boo~, documents, papers,
and records which are directly pertinent to the specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions, for three years after final payments and all other
pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in
connection with performance of the Agreement shall become the property of the City. The City
may use the information for its purposes. Such US3 by the City shall not relieve any liability on the
part of the Consultant.
All plans, diagrams, analyses, reports and information generated in connection with the
performance of the Agreement ("Information") shall become the property of the City. The Oty may
use the Information for its purposes and the Contractor also may use the Information for its
purposes. Reuse of the Information for the purposes of the project contemplated by this
Agreement ("Project") does not relieve any liability on the part ofthe Contractor, but any reuse of
the Information by the City or the Contractor beyond the scope of the Project is without liability to
the other, and the party reusing the Information agrees to defend and indemnity the other from any
claims or liability resulting therefrom.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Executed as of the day and year first written above.
Reviewed for form:
CITY OF PRIOR LAKE
City Engineer
Mayor
City Manager
FIRM NAME
By:
Its:
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Proposal:
To Prepare an Environmental Assessment Worksheet
for Deerfield Industrial Park
City of Prior Lake
Prepared by:
McCombS Franll RODS
ASSOciates. IDC.
"Building Relationships
While Developing Communities"
June 27, 2003
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Engineering II Planning .. Surveying
McCombs Frank Roos
Associates, Inc.
June 27, 2003
Ms. Jane Kansier, Planning Coordinator
City of Prior Lake
16200 Eagle Creek A venue Southeast
Prior Lake, Minnesota 55372-1714
Subject:
EA W Professional Services for Deerfield Industrial Park
Dear Ms. Kansier:
The City of Prior Lake is considering development of a 58-acre parcel of land, known as Deerfield
Industrial Park. Because of the amount of industrial and commercial square footage planned within
this site, an Environmental Assessment Worksheet (EA W) is required for development of this land.
The City of Prior Lake would like to procure professional services to prepare this EA W document.
McCombs Frank Roos Associates, Inc. (MFRA) is pleased to submit the'attached proposal to
prepare the Deerfield Industrial Park EA W. MFRA will be the prime consulting firm, with
Benshoof & Associates serving as a sub-consultant to MFRA to provide professional traffic analysis
services. The MFRNBenshoof Project Team offers Prior Lake:
· Proven expertise in providing environmental documents that withstand legal, technical,
process, and political challenges;
· Working familiarity with Prior Lake staff;
· Commitment to reasonable fees and timely schedule; and
· A Project Team that has proven experience working together with all the technical
capabilities necessary for this project.
If you have any questions, please contact either one of us at (763) 476-6010. Thank you for your
consideration of our MFRNBenshoof Project Team and we look forward to hearing from you soon.
Sincerely,
MFRA
f!;&
Environmental Planner
s: \main: \Promo: \0 'ness \kansier6- 27
c~~~~,!!/(lj?
Senior Planner
15050 23rd Avenue North . Plymouth. Minnesota . 55441
phone 163/476-6010 . fax 163/416-8532
e-mail: mfra@mfra.com
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1. Scope of Work
This Scope of Work includes:
. Project Understanding;
. Tasks; and
. Deliverables
A. Project Understanding
It is our understanding that the City of Prior Lake desires to prepare an Environmental
Assessment Worksheet (EA W) for the Deerfield Industrial Park 58-acre property that meets the
following:
. Is technically correct in defining the project's impacts;
. Is legally defensible, if challenged in court;
. Is supported by Prior Lake staff and elected officials as a complete report, that is based on the
best information available at the time of submittal; and
. Meets requirements of the Minnesota Environmental Quality Board (EQB).
During the investigation phase of EA W' s, we recognize that any number of unusual or
unforeseen findings may be identified as potential issues. However, based on comments listed in
the city's RFP, and our field review of the 58-acre parcel, it is our opinion that the following
items will be important within this EA W document:
. Stormwater runoff & drainage to Markley Lake;
. Traffic considerations along CSAH 21; and
. General protection of environmental features on the property.
B. Tasks
The :MFRAlBenshoof Project Team has identified 5 specific tasks necessary for completing this
EA W document to the standards established by the EQB and the RGD.
a. Data Collection
In order to effectively assess the inputs of this potential development, current data must
be collected for analysis. This information or data can be summarized as:
. Engineering - In coordination with City staff, review submitted engineering plans
for consistency with all required permitting processes and accepted BMP's. This
includes the compilation of required materials into the EA W document for items such
as stormwater, sanitary sewage, and drinking water.
. Field Review/natural resources - Verify information submitted and compile other
information as needed for the completion of the EA W document for areas such as
habitat, wetlands, and natural/historic resources.
. Traffic - Obtain information from the County regarding current roadway
characteristics and volumes. To obtain complete volume information, it is expected
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that we will need to conduct a.m. and p.m. peak period traffic counts at three
intersections. In addition to items from the County, we will obtain current
development plans for the subject property and will inquire with the City regarding
any other approved nearby developments.
. Planning - Research and compile information from available resources to complete
the EA W document and coordinate the EA W process.
b. Data Assessment
Although any question may become a "hot" issue, the following questions appear to be
the most critical for this project and are likely to receive the most attention during the
analysis phase:
6) Site Description - Accurately defining the property and the intended development.
10) Cover Types - Clearly identifying the levels of soil disturbances resulting from
the development.
16) Erosion & Sedimentation - Levels of grading and its relative impacts on storm
water management.
17) Stormwater Management - Drainage to landlocked basin (Markley Lake).
21) Traffic - Trip generation data is critical to assessing CSAH 21, CSAH 87, and
170th Street impacts.
Details of the traffic analysis report that will be compiled into this EA W include the
following:
. Prepare traffic forecasts. We will prepare traffic forecasts for the site access
locations on CSAH 21 and CSAH 87, the CSAH 21/CSAH 87 intersection, and the
CSAH 21/170th Street intersection. The forecasts will be for the a.m. and p.m. peak
hours under the following two scenarios: year after full development of the property
and long-term (20 years).
. Complete traffic analyses. We will address the quality of traffic operations at the
site access locations and at the two external intersections. If any potential difficulties
are identified, we will develop candidate mitigation measures.
. Prepare and review draft results. We will develop draft results and will discuss
these points with team members. Following completion of any needed refinements,
we will prepare a draft report for review and comment.
c. Draft EA Wand Traffic Report
The .MFRA Project Team will present the Draft EA W to Prior Lake staff. The goal of
this task is to present a Draft EA W that is able to withstand reasonable challenges to the
technical findings, analysis, and processes used to prepare the document.
The complete traffic report will also be provided in draft form to team members for
review and comment. Following any needed refinements, we will furnish the report for
City and County review.
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d. Preparation and Publication of EA W for Public Comment
After the City's input on the draft document is received, any necessary modifications will
be made. The final EA W document will then be submitted to EQB for publishing in the
monitor. This step will also include the submittal of the document to the EQB
Distribution List and the preparation and distribution of the required press release.
e. Review of Comments, Mitigation Options, and Preparation of Draft EIS Need Decision
documents for the City Council.
Following completion of the public comment period, MFRA will prepare the following
items to help communicate the comments received and the responses relevant to these
comments:
.
Summary of and Response to Comments Received
Draft EIS Need Decision documents for the City Council
"Staff Report" for City Council to coincide with the Summary of Comments and
Need Decision documents
.
.
The goal of this task is to ensure that public comments are responded to in a manner that
adequately addresses the concerns given, while best meeting the broader-level goals of
the project.
c. Deliverables
Deliverable products and services that will be provided to Prior Lake for this EA W include:
.
Initial meeting with city staff to collect data and conduct field investigation;
Traffic analysis, forecasts and report (text will be summarized for EA W report, with the full
report included as an appendix to the document);
Presentation of Draft EA W to City Staff for review
Preparation of Final EA W for submittal to EQB and publication in the EQB Monitor;
Prepare responses to public comments, summarize for city staff and elected officials, and
preparation of draft EIS Need Decision documents. Attendance at one City Council meeting
relative to the EIS Need Decision.
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2. Qualifications
Our professional staff has extensive experience in preparing a wide range of environmental
documents, including numerous EA W' s for industrial, commercial and mixed-use sites similar to the
Deerfield Industrial Park. Our Project Team members from both MFRA and Benshoof have expert
witness expertise in defending these type of documents, if necessary. A brief introduction of the key
members of this Project Team follows and resumes which further detail the individual qualifications
are included in the appendix of this proposal.
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. Professional Planners: Alan Duff is an Environmental Planner with 14 years experience
preparing environmental reports and currently serves as an Environmental Officer for the US
Army Reserves six-state area and Planning Commissioner for the City of Apple Valley.
Cindy Olness, AICP, is a certified planner with 10 years of experience in municipal
planning.
· Traffic Planning/Engineering: Ed Terhaar, P.E., from Benshoof, offersll years of
experience in preparing traffic reports for a range of projects, including many sites in Dakota
County.
· Natural Resources: Kelly Bopray, P.S.S., is a licensed Professional Soil Scientist with 17
years of experience in characterizing soils, wetlands and landscapes for suitability for
development and environmental impacts.
· Professional Engineers: Roger Larson, P.E. is a professional engineer with over 30 years of
experience in water resources and municipal engineering.
Following is a summary of other recent environmental projects completed by either MFRA or the
project team of MFRA/Benshoof.
Recent Environmental Assessment Projects
Project Location Date Develop. Type Size (acres) Firm(s)
Name DescriDtion
Rivers Edge St. Paul 2003 Mixed Use AUAR 667 MFRA (Review)
Park
Bruggeman Big Lake 2002/3 Mixed AUAR 235 MFRA & Benshoof
Homes Residential
Oxbow Brooklyn 2002 Mixed Use AUAR 171 MFRA
Commons Park
Shenandoah Shakopee 2001 Commercial AUAR 187 MFRA
Business
Park
Genstar Apple 2001 Mixed U se/ AUAR 240 MFRA & Benshoof
Valley Mining
Mississippi Lake City 2001 Golf Course AUAR 823 MFRA
Jewel Community
Woodbury Woodbury 2001 Residential AUAR 1,700 MFRA
East
Confidential Hinckley 2002/3 Commercial EAW& 900 MFRA & Benshoof
EA
Arbor Creek Otsego 2003 Single Family EAW 209 MFRA
Kittredge Otsego 2003 Mixed Use EAW 123 MFRA
Crossings
Pine Tree Anoka 2003 Residential EAW 156 MFRA
Ridge River
Walmart Baxter 2003 Commercial EAW 34 MFRA & Benshoof
COPAR Cambridge 2003 Mixed EAW 145 MFRA
Residential
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Hassan Hassan 2003 IndustriaV EAW 40 MFRA (Review)
Sand-Gravel Township Mining
Heritage Carver 2003 Mixed Use EAW 78 MFRA (Review)
Dakota Hastings 2002 Commercial EAW 45 MFRA
Summit
Industrial Rogers 2002 Industrial EAW 77 :MFRA
Park
Lyman Hastings 2002 Mixed EAW 125 MFRA & Benshoof
Development Residential
National 3 Sites in 2001 Fed. Park EA 15 :MFRA
Parks Wisconsin Properties
Service
3. Schedule & Cost
The MFRAlBenshoof Project Team proposes to provide the professional services required for this
EA W document for a lump sum of $12,000. This fee does NOT include any expert witness time that
may be associated with this EA W. If necessary, our expert witness fees range from person to
person, but generally are $80-100 per hour. This project budget also includes 10 hours time for the
preparation to the Response to Comments and Need Decision documents. If the project were to
receive a larger amount of comments than can be responded to within the budgeted time, then
additional time will be charged on an hourly basis. Most projects do not require more than 10 hours
of time for the preparation of these documents unless significant amounts of public comments are
received. The budget includes three meetings. If additional meetings are requested then th'ey will be
charged at the standard hourly rate.
The general schedule for this EA W document is given below:
· Data Collection = July 7 to July 31
· Data Assessment = July 21 to August 29
. Draft EA W, including staff review = August 18 to September 15
· Submission of EA W to EQB & Public Comment Period = September 15 - October 29
· Response to Comments and Need Decision documents = October 29 to November 28
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Alan Duff
Environmental Planner
Overview of Professional Qualifications
Alan Duff is an environmental planner with 14 years of experience in the planning and
implementation of environmental projects. Mr. Duffs experience includes projects involving
environmental assessments, solid waste management, water resource planning, and environmental
compliance. He has an advanced degree in urban planning with an emphasis in environmental
planning. With an additional 21 years of experience in the U.S. Army Reserves, Major Duff
currently serves as an Environmental Officer for the 88th RSC. In addition to his civilian and military
experience, he has presented more than a dozen papers to the environmental profession and currently
serves as a Planning Commissioner for the City of Apple Valley.
Project Experience
Alan's experience includes the preparation of numerous environmental audits, including EIS, EA W,
and Phase I environmental assessments. Examples of this experience include:
. Alternative Urban Areawide Review (A UAR) - Project management or support for a half dozen
AUAR documents, including mixed-use, commercial and residential developments.
. Environmental Assessment Worksheets (EA W) - Preparation or management of more than 25
EA W s, including mixed-use, residential, commercial, industrial, and recreational projects.
. Environmental Impact Statements (EIS) - Technical input or public relations support for more
than a dozen EIS reports for the siting of controversial facilities.
. Phase I Environmental Assessments - Preparation or management of more than 50 Phase I
assessments for the transfer of industrial, commercial, residential, mixed-use, and unknown-use
properties. Experience includes project sites in more than twenty states.
Professional Affiliations
. American Planning Association, Minnesota Chapter
. Sensible Land Use Coalition
. Toastmasters: President/Vice President leadership positions for more than 8 years
Education
M.A., Urban and Regional Planning. Mankato State University
B.S., Political Science. University of Wisconsin at La Crosse
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Environmental Planner
Overview of Professional Qualifications
Alan Duff is an environmental planner with 14 years of experience in the planning and
implementation of environmental projects for both public and private sector clients. Mr. Duff's
experience includes projects involving waste management planning, program development,
operations assistance, and policy-making. His experience includes MSW, industrial waste, infectious
waste, construction & demolition debris and hazardous waste. He has an advanced degree in urban
planning with an emphasis in environmental planning. With an additional 21 years of experience in
the U.S. Army Reserves, Major Duff currently serves as an Environmental Officer for the 88th RSC.
In addition to his civilian and military experience, he has presented more than a dozen papers to the
environmental profession and currently serves as a Planning Commissioner for the City of Apple
Valley.
Project Experience
Alan has recently been approved by the General Services Administration (GSA) to provide
environmental advisory services to federal clients. His project experience includes management or
support of more than a hundred regulatory-approved recycling plans throughout the United States.
Other examples of his experience include:
· Title V Air Permit - Rochester Mayo Hospital. Provided environmental compliance for waste
management issues required as part of a Title V air permit. Developed a waste composition
methodology for MPCA approval, managed a one-week composition analysis of infectious,
hazardous and solid waste entering their incinerator, and analyzed their pollution prevention
program. As.aresult of this project, the Title V permit was granted by the state agency and the
client documented annual environmental savings of more than $1 million.
· Solid Waste Planning - Fiji Islands. Project manager for an U.S. Asian Environmental Pacific
grant project, as sponsored by the Minnesota Trade Office, to identify environmental consulting
needs in the country of Fiji. After meeting with many government and business leaders in Fiji,
developed an educational-focused strategy to reduce ocean disposal. This Plan was endorsed by
federal officials, the University of South Pacific, and the Fijian Hotel Association and
implemented by several government and non-profit agencies throughout Fiji.
· Solid Waste Educational Video - St. Louis County, Missouri. Solid waste specialist for the
development of a 17 -minute educational video on solid waste management and pollution
prevention. This video is being incorporated into the school curriculum and will be shown to
more than one million students and on local cable television. Also prepared an accompanying
textbook with questions and sources for further information about properly managing waste.
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· Construction & Demolition Waste Management - 3M Company. Analyzed 3M's construction
and demolition activities for opportunities to reduce or recover materials generated during these
processes. Created a wood and metal recovery program for their corporate facility that reduced
by half their waste disposal expenses.
Selected Papers and Presentations
· "Composting MSW Leachate with Yard Waste, " Missouri Waste Control Coalition - 26th Annual
Conference. July 1998.
· "Reducing Commercial Waste Management Costs, " lOth Annual Iowa Environmental
Conference. September 1996.
· "Hospital Waste Reduce, Reuse & Recycle, " Wisconsin Recycling Market Development Board
annual conference, as sponsored by USEP A. March 1996.
· "Reducing Construction & Demolition Waste, "Recycling Association of Minnesota, spring
conference. April 1995.
· "Using Waste Sorts to Fine-Tune Recycling, " co-author, Solid Waste & Power.
September/October 1993.
· "Cooperative Marketing of Recyclables, " co-author, Solid Waste & Power. May/June 1992
(voted "best article of the year" by its readers).
· "Solid Waste Management: Critical Components Related to Making Policies, The Journal of
Resource Management and Technology. December 1989, Volume 17, number 4.
Professional Affiliations
· American Planning Association, Minnesota Chapter
· Toastmasters: PresidentlVice President leadership positions for more than 8 years
· Recycling Association of Minnesota: original board member
Education
M.A., Urban and Regional Planning. Mankato State University
B.S., Political Science. University of Wisconsin at La Crosse
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Senior Planner
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Overview of Professional Qualifications
Cindy Olness has 10 years experience in municipal and private planning. Her experience includes
two years as a Planning Director of a seven-person planning department for a coastal county in
Georgia that required extensive historic preservation measures, open space planning, and
transportation planning. Cindy is a candidate for the Master's degree in Urban Planning, and is
certified by the American Institute of Certified Planners (AICP). She also offers strong
communication skills, both verbally and written.
Specialized Project Experience
Cindy has coordinated numerous planning projects for communities desiring to actively choose
their growth patterns to enhance the sense of place and to preserve their unique natural features.
She has facilitated customized planning processes for comprehensive planning, long range and
strategic plans, land use regulations, and was responsible for the development and maintenance
of Comprehensive Plans. Examples of her experience includes:
· Open Space and Recreation Planning - Developed Community Green Space Plan for Glynn
County, Georgia that plans for the preservation of 25% of the buildable acreage with
minimal fiscal impact on the County. Prepared Corridor Management Plans for scenic
byways in the Arrowhead of Minnesota. Implemented St. Louis River Management Plan
including land acquisition program and protection of natural resources. Utilized
contemporary zoning techniques for the preservation of open space. Developing land use
regulations for Hassan Township that preserve a rural sense of place while allowing
contained growth in portions of the Township.
· Historic Preservation - Served as the Regional Historic Preservation Planner for Coastal
Georgia, including the City of Savannah. Developed Heritage Preservation Ordinances,
resource surveys, National Register nominations, grant writing, economic benefit analysis,
and public education. Providing services to the City of Carver on the obtainment of their
Certified Local Government designation and the administration of their Heritage
Preservation program.
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Organization for Glynn County, Georgia, including Unified Planning Work Program, Long-
Range Transportation Plan, and Transportation Improvement Program. Developed and
administered Transportation Enhancement projects. Serves on the Study Advisory
Committee for the TH 41 Over the Minnesota River Crossing Scoping Study.
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· City Planner -- Serves as the City Planner for the Cities of Carver and Taylors Falls, and
Hassan Township. Conduct planning and development review. Analyze requests, prepare
written and verbal reports with recommendations on planning requests. Update the
Comprehensive Plan and revise the Zoning Ordinance as needed.
. Environmental Planner - Prepared and reviewed a range of environmental documents,
including Alternative Urban Areawide Reviews (AUAR) and Environmental Assessment
Worksheets (EA W) for commercial, residential, and mixed use properties, ranging in size
from 100 acres to 667 acres.
Professional Awards
· 1996 National Association of Development Organizations Innovation Award - Economic
Development Marketing on the Internet, Arrowhead Region, Minnesota
· 1995 National Association of Development Organizations Innovation Award - Northeast
Minnesota Regional Housing Assessment, Arrowhead Region, Minnesota
Professional Affiliations
· Certified Planner, American Institute of Certified Planners (AICP)
· American Planning Association
. Sensible Land Use Coalition
Education
Master of Urban Planning, In Progress, Minnesota State University - Mankato
Master of Science, Parks, Recreation and Tourism Management, Clemson University
Bachelor of Arts and Science, Geography and Social Sciences, Mankato State University
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BENSHOOF & ASSOCIATES, INC.
TRANSPORTATION ENGINEERS AND PLANNERS
10417 EXCELSIOR BOULEVARD, SUITE TWO / HOPKINS, MN 55343 / (952) 238-1667/ FAX (952) 238-1671
EDWARD F. TERHAAR, P.E.
Education:
University of Minnesota, B.S., Civil Engineering, 1992
Experience:
1992 to date - Vice President of Benshoof & Associates, Inc. Responsibilities
include project management, technical analyses, development of recommended
transportation solutions, and preparation of reports for a variety of transportation
projects. Makes extensive use of computer applications. Recently completed a
major traffic study for the City of Baxter. Has completed multiple traffic impact
studies for projects throughout Minnesota. Other recent projects include:
Minneapolis Priority Signal Control System; Chanhassen Clinic traffic and
parking study; traffic studies for multiple residential developments throughout
Minnesota; traffic and intersection analysis for developments in the Cities of
Rochester, Burnsville, St. Louis Park, and Minneapolis; parking analysis for the
City of Hopkins; and traffic signal design projects in the Cities of St. Paul,
Rochester, and Grand Rapids.
1991 - 1992 Student paraprofessional, Minnesota Department of Transportation.
Assisted design engineers in design and inspection of traffic management system,
including ramp control signals and loop detection systems. Work included
completing engineering computations associated with design procedures,
collecting data, drafting of proposed designs, and inspecting projects under
construction.
1990 - 1991 Engineering intern, City of Robbinsdale, Minnesota. Assisted in
design and supervision of various municipal projects including sewer and water
systems, alleyway and roadway construction, drainage area design, and walkway
design. Responsibilities also included obtaining traffic counts within the City,
drafting of proposed designs, and completing engineering computations.
Professional Involvement:
Member, Transportation Committee of Minnesota Consulting Engineers Council
Secretary, Institute of Transportation Engineers Student Chapter, Spring 1992
Microcomputer Applications in Signal Timing Workshop, Northwestern
University Traffic Institute, May, 1996
Affiliations:
Institute of Transportation Engineers
Consulting Engineers Council of Minnesota
Re1!istrations: Minnesota (P.E.)
MnlDOT Signals and Lighting Inspection Certification
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Kelly Bopray, P.S.S.
Soil Scientist
Wetland Specialist
Overview of Professional Qualifications
Kelly Bopray is a licensed Professional Soil Scientist with 17 years of experience with
environmental projects for both public and private sector clients. Mr. Bopray's area of expertise is in
characterizing soils, wetlands and landscapes for purposes of evaluating the suitability and potential
impact of a project on the environment. The main types of projects he is involved with are wetland
delineation and permitting for development projects, land application of wastewater and sludge, and
environmental site assessments.
Project Experience
Kelly has conducted hundreds of wetland delineation projects throughout the Upper Midwest. These
projects ranged from a simple wetland edge of an individual lot to complex monitoring of disturbed
wetland conditions. Mr. Bopray has prepared or evaluated more than a dozen land application plans
for various municipal and industrial clients. Kelly's experience includes preparation ofEA Wand
Phase I environmental audits. Examples of his experience include:
· Elk River Crossing - Associated Developers Inc. Evaluated the extent of existing wetland
drainage and mining impacts on a 90-acre commercial property and established the extent of
regulatory jurisdiction under disturbed conditions. Negotiated wetland permits, including
restoration of 5.5 acres of wetlands and construction of 4.7 acres of new wetlands. The project
has proceeded with nearly the full commercial development that was originally proposed.
· Retail Development in Forest Lake - Wal-Mart Stores Inc. Delineated wetlands on a l7-acre
commercial property in Forest Lake, Minnesota. Negotiated a Corps of Engineers individual
permit for 5.7 acres of wetland impacts and 11.4 acres of off-site mitigation. Negotiated wetland
approvals with local government units for both sites. Monitored construction of the mitigation
site and erosion control practices on the development property.
· Land Application Management Plan - Del Dee Foods Inc. Prepared a management plan for the
land application wastewater from a food processing facility in Appleton, Minnesota. Application
rates and nutrient loading were designed to accommodate the production schedule and the
Minnesota Pollution Control Agency's requirements. Demonstrated compliance with
environmental concerns in order to renegotiate the facility permit to increase production
capacity. Prepared annual reports on the land application operation.
· Identified and delineated wetlands for development projects throughout the Twin Cities Metro
Area, greater Minnesota, and western Wisconsin.
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· Marianna Ranch Residential Development - Lyman Development Company. Prepared a wetland
delineation on a 153-acre property with seven wetlands and numerous closed depressions.
Conducted preliminary soil investigation and on-site wastewater treatment system sizing for the
planning phases of preliminary plat. Coordinated on-site soil testing of each lot and final site
layout based on the soil testing results.
· Completed and developed permit application material including evaluation of alternatives and
wetland impacts, evaluation of existing wetland functions and values, and developed wetland
mitigation plans under the Corps of Engineers 404 wetland permit, the Minnesota Wetland
Conservation Act, and Wisconsin DNR.
· Delineated jurisdictional wetland limits, and established limits of regulatory authority on
severely disturbed wetland sites in numerous MN and WI areas.
· Wastewater Treatment Operations - AMPI. Developed a wastewater treatment biosolids
management plan for a Minnesota dairy processing plant to guide the land application of
biosolids and whey. Investigated construction and operational records of a wastewater treatment
pond in Wisconsin to determine compliance with Wisconsin wastewater pond regulations.
Professional Registrations and AffIliations
. Soil Science Society of America
. Soil and Water Conservation Society
· Minnesota Association of Professional Soil Scientists, Executive Officer 1999-2001
· Society of Wetland Scientists
. Wetland Delineators Association
· University of Wisconsin-River Falls; Adjunct Associate Professor
Education
M.S., Agronomy: Emphasis - Soil Science, South Dakota State University
B.S., Agriculture: Major - Soil Science, University of Wisconsin, River Falls
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Roger A. Larson, P .E.
Senior Civil Engineer
Overview of Professional Qualifications
Roger Larson is a registered civil engineer with over 30 years of professional experience in the
planning, design and implementation of both public improvement and private development projects.
Mr. Larson's experience includes serving as designated City Engineer for the Greater Minnesota
suburban communities of Waite Park and Sauk Rapids as well as numerous rural communities.
Project Experience
· Municipal Public Improvement Projects - including potable water supply, treatment and
distribution; wastewater collection and treatment; storm drainage; and transportation. Projects
typically include concept plans, feasibility reports, public meetings, detailed plans and
specifications segment, construction management and assessment rolls. Current projects include
the Town Center of Frankfort Parkway and 50th Street NE in St. Michael as well as multiple
smaller municipal improvement projects.
· Private Development Projects, - including various residential, commercial and industrial
development projects from 1 acre to over 150 acres in size in the northwest metro and St. Cloud
areas. Additionally, Mr. Larson has provided specialized consulting services in wetland
delineation, mitigation and restoration.
· Flood Mitigation Projects - developing and authoring the "Preparation Guide for Small
Communities - Flood Emergency Action Procedures" while employed by a non-profit
corporation following The Red River of the North 1997 Flood. Mr. Larson assisted several rural
Minnesota and North Dakota communities in preparing community specific Flood Emergency
Action Procedures in a computerized self-help format based on the preparation guide.
Professional Affiliations
· American Water Works Association
· American Society of Civil Engineers
Registrations
· Professional Engineer: MN, ND, SD
Education
Bachelor of Civil Engineering, North Dakota State University
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