HomeMy WebLinkAbout10.F.1. Consideration of Study with Foth Engineering Regarding Odor Issues General Business 10. F. 1.
SHAKOPEE
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
DATE: 02/05/2013
SUBJECT: Consideration of Study with Foth Engineering Regarding Odor Issues (A)
Action Sought
Authorize an odor study to be performed by Foth Engineering regarding the Organics Recycling Facility.
Background
In September, 2011, an Organic Recycling Facility (ORF) was opened for business by the SMSC. Since shortly
after that time, there have been reports of objectionable odors which have been made by members of the public to
both the Tribe, and the City of Shakopee. The majority of the complaints come from the Montecito Drive
neighborhood, which is located about 1500 feet to the north of the ORF. Other complaints about odor have been
received from residents in the Dean Lakes area, and from users at Eagle Creek School, which is located to the east.
The Tribe has documented the complaints which have been received by them, and has taken steps to modify its
operation in an effort to address the odor problems. However, that has not been sufficient to eliminate all of the
issues. Complaints have subsided during cold weather months, when windows are closed and outdoor activity is
reduced. The complaints seem to be the most pronounced during periods of hot, humid weather, when winds are
calm.
Staff has discussed this phenomenon with Foth Engineering, which has been providing assistance to the City with
its garbage and recycling contract bid process. Foth also has personnel who have experience with odors,
composting facilities, and related environmental problems.
Foth subsequently submitted a proposal to study the odor problems as they relate to the ORF. Foth would hold a
series of meetings with the tribe and its consultants. Then, after the spring thaw when odors are anticipated to again
become more pronounced, Foth personnel would take a series of odor readings, with the intent to set up protocols
which will mirror readings taken by the Tribe to idependently determine the extent of the odor
problem.
Foth would also look at the Tribe's operations, and would make recommendations for possible improvements.
The success of this, and any other odor control efforts, will depend upon the Tribe's level of cooperation. It is a
sovereign nation, and it is not obligated to meet State standards. The Tribe has reviewed the Foth proposal and has
expressed a desire to follow the proposed work plan and resolve odor issues, where they can.
It is also possible that some of the reports of odors are from sources which are not those of the Tribe —for example,
adjacent farming operations, failing septic systems, Canterbury Park, or the Blue Lake Treatment facility. The Foth
study may also identify those others as possibilities, but it will focus its initial odor readings and mitigation
recommendations to the Tribe's ORF. Measuring the extent of odors from other odor sources would have to be
addressed in a subsequent study. This particular study would, however, verify whether or not the ORF is the source
of at least some of the odor problems.
Recommendation
I recommend that the City be authorized to enter into an agreement with Foth to study odor issues which appear to
be related to the ORF.
Budget Impact
Foth's fee for the proposed study is for $22,900.
In discussion with jurisdictions, it appears that there is an opportunity to partner on the cost. The SMSC is willing
to participate, as is Scott County.
Given the tentative agreement for a three -way split of the cost, the City's share would be about $7400.
Relationship To Visioning
Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles.
Requested Action
If the Council concurs, it should, by motion, authorize staff to enter into an agreement with Foth Infrastructure &
Environment LLC to study odor issues related to the SMSC Organic Recycling Facility.
Attachments: Ltr from Foth re Odor Assessment
9Foth
Eagle Point II • 8550 Hudson Blvd. North, Suite 105
Lake Elmo, MN 55042
(651) 288 -8550 • Fax: (651) 288 -8551
www.foth.com
January 31, 2013
City of Shakopee
Attention: Mark H. McNeill
City Administrator
129 Holmes Street South
Shakopee, Minnesota 55379
Dear Mr. McNeil:
RE: Odor Assessment Related to the Shakopee Mdewakanton Sioux Community's
Organics Recycling Facility: Foth Revised Scope of Work and Budget Proposal
Foth Infrastructure & Environment, LLC (Foth) is pleased to submit this revised proposal to the
City of Shakopee for an independent, scientific odor assessment related to the Shakopee
Mdewakanton Sioux Community's (SMSC's) Organics Recycling Facility (ORF). This re-
revised proposed scope of work and budget replaces the previous scope and budget submitted to
the City on December 26, 2012. (Please refer to the original, October proposal packet for the
statement of our understanding of your project, our qualifications, and resumes. This revised
proposal includes the new scope and budget sections only.)
This proposal follows the requested services discussed in recent communications, and excludes
the additional tasks (odor measurements from sources other than the ORF). We have maintained
the focus on an independent, scientific assessment of odors from the ORF within two phases of
work. Phase 1 will include an initial field odor assessment beginning in April 2013 and
continuing through May 2013. During this Phase, Foth will document the extent, concentration
and variances in the odor from the ORF. Such odor measurements will not be taken for the other
potential sources of odor such as the nearby cattle farm (together with its manure spreading
operation) or the individual sewer treatment systems (ISTS) from nearby residential properties.
Other Phase 1 tasks beyond the field odor measurements include a brief literature review,
transfer of SMSC data to Foth, preliminary memo report and a meeting to discuss odor
mitigation options.
If authorized by the City, Phase 2 would include a second round of independent odor
measurements by Foth from July through October 2013 to complete a full season of monitoring
and facility operations. Similar to our previous budgets, this proposal only has a cost estimate
for the Phase 1 work. A proposed Phase 2 work plan, schedule, and budget will be developed at
the end of Phase 1.
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Mark H. McNeill
City of Shakopee
January 31, 2013
Page Two
Our approach proposes that City staff direct our work and be our primary contact for all
communications. Foth will not respond to requests for more consulting services from SMSC,
Scott County or neighboring residents without prior written approval of City staff.
If this revised proposal is satisfactory to the City, please sign and return the attached standard
forms of Agreement for Professional Services.
If you have any questions, please call Dan Krivit to discuss. We look forward to hearing from
you soon. Thanks again for this opportunity.
Sincerely,
Foth Infrastructure & Environment, LLC
•
Warren Shuros Dan Krivit
Client Director Senior Project Manager
(651) 288 -8596 (651) 288 -8509
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Revised Scope of Services - Steps for Success
January 31, 2013
Foth proposes that we serve the City of Shakopee as an independent, scientific consultant. Foth
will focus on empirical odor measurements, scientific literature, data management, and data
quality /integrity. Foth will be look for identification and management of any real or perceived
bias that may affect odor monitoring and data analyses. Foth will work under the direction of the
City Administrator.
Foth is proposing a two- phased approach to this stage of the project:
Phase 1: Initial project scoping; literature summary; development of integrated,
GIS -based data management systems; training of local Foth staff; initial,
independent odor measurement readings managed by Foth; and
preliminary report. At the end of Phase 1, we propose an extended project
team meeting to discuss odor mitigation options.
Phase 2: (If authorized by the City) Continued independent odor measurement
readings by Foth (details to be determined in Phase 1); data analyses and
final report.
Odor release and resident neighbor "reception" is highly seasonal depending on changes in
weather and feedstocks. Odor emissions during the summer months are anticipated to be
significantly greater than during the winter season. For example, grass (a high nitrogen, higher
moisture compost feedstock) will be received only in the spring and summer during Minnesota's
growing season at the same time that residents are out of doors and have their windows open.
Therefore, this proposal recommends that Phase 1 of this assessment take place substantially in
April through May 2013 and Phase 2 odor readings, if authorized, be scheduled for July through
October 2013.
SMSC staff will need to be included on the extended project team for purposes of data transfer
and project operations. We understand that SMSC has purchased and is in the process of
installing a remote weather monitoring and continuous recording station to measure weather
conditions such as wind, temperature and precipitation. Such weather readings are essential to
documenting the micro - climate at the ORF site itself compared to more distant weather readings
(e.g., near the SMSC Mystic Lake Casino or at more sophisticated facilities owned and operated
by the National Weather Service, Twin Cities, Minnesota Weather Forecast Office, 1733 Lake
Drive West, Chanhassen, Minnesota 55317- 8581).
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Phase 1 - Spring Odor Assessment
Task 1— Project Team Development, Initial Review of Historical Data and Kick -Off
Meeting
Foth will facilitate a kick -off meeting soon after execution of our professional services
agreement with the City. This meeting should include the following individuals:
• City Administrator
• City Director of Public Works
• Foth Senior Project Manager
• Foth Environmental Technician #1
• Foth Environmental Technician #2
• SMSC Director of Land and Natural Resource
• SMSC Senior Environmental Specialist
• SMSC Environmental Technician
This kick -off meeting will be focused on the shorter -term, technical aspects of project
management and design. Detailed, initial odor measurements to be conducted by Foth and data
management methods /protocols should be proposed and agreed to at this kick -off meeting.
As requested by SMSC staff, a brief review of scientific literature will be conducted by Foth
with the intent of referencing other Nasal Ranger studies used by other local communities to
establish odor nuisance standards and thresholds. This literature review will be summarized in a
Foth memo to be presented at the kick -off meeting. (This literature review is a new task since
Foth's original proposal submitted in October.)
Foth's Environmental Technician #1, Kris Gamble, is based in our Springfield, MO office and is
Foth's most experienced member in using and supervising the Nasal Ranger devices in past field
studies. We propose for Kris Gamble to make one trip to Minneapolis /St. Paul for purposes of
staff training. Chris Vermeer, Foth's Environmental Technician #2, will be the primary Foth
staff person to conduct the field odor measurements. Kris Gamble will participate in the kick -off
meeting via conference call, supervise Chris Vermeer's training, and assist with an initial round
of independent odor measurements using Foth's Nasal Ranger devices.
Task 1 Deliverables:
1. Detailed project work plan; management approach (including paths of
communication; permissions for site access onto other private property);
schedule; and budget.
2. Literature review summary memo.
3. Agreed -upon methods and protocols (including data input forms) for Foth's initial
round of independent odor measurements and data management.
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4. Schedule of Foth's odor monitoring for Phase 1.
5. List of data needs from SMSC.
6. Agreed upon list of assignments for all parties.
7. Training of one Foth environmental technician to be certified by St. Croix
Sensory to operate the Nasal Ranger and take accurate odor measurements.
8. Foth memo to City documenting all of the above items.
Task 1 Timeline: Kick -off meeting conducted within three weeks of final execution of
the City — Foth consulting agreement.
Task 2 — Transfer of SMSC Data to Foth
SMSC will need to provide all odor data and related ORF operating conditions information to
Foth in a mutually - agreed upon electronic format. This may include the following historical
information:
• Geographic information system (GIS) coordinates of odor monitoring locations.
• Odor measurement readings and associated notes on weather conditions and ORF
operating conditions at the time. A summary of special conditions or circumstances of
past odor events.
• Summary information of odor complaints. As backup information, a copy of the SMSC
odor logs, including any standard forms used.
• Staff job descriptions, summary of training and St. Croix Sensory Nasal Ranger
certifications.
Task 2 Deliverable:
1. Written acknowledgement to the City that all agreed -upon data from SMSC has
been received by Foth.
Task 2 Timeline: Data is to be transmitted to Foth within approximately one week after
the kick -off meeting.
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Task 3 — Odor Measurements by Foth
Foth will conduct an initial round of odor measurements using our own Nasal Ranger devices.
The focus will be to take additional odor measurements around the ORF.
It may be helpful for Foth readings to be taken side -by -side with SMSC readings using their
Nasal Ranger to provide data QA /QC and comparisons. Odor readings, weather measurements,
ORF operating conditions (e.g., dates /times of windrow turning) and other observations will be
electronically recorded on a standardized form. The ORF operating conditions must be provided
by SMSC. Data will be uploaded into Foth's computer GIS data base developed for this
application.
Task 3 Deliverables:
1. Standardized data input forms.
2. Customized GIS data base application for this project to store, manage, analyze
and report all field data.
3. Phase 1 odor measurements, recording of associated weather data, and
documentation of associated ORF operating conditions as provided by SMSC.
4. Data input into database application.
Task 3 Timeline: This work will be conducted from approximately April through May
2013.
Task 4 — Preliminary Report
Foth will prepare a preliminary report on its initial findings, summary of odor data, observations
and recommendations for Phase 2. It is likely that the field odor measurement methods and
protocols for Phase 2 will change at least slightly based on the data, experience and lessons
learned from the initial assessment. The need for continued, independent Foth odor
measurements vs. SMSC staff Nasal Ranger readings will be assessed.
Task 4 Deliverables:
1. Preliminary memo report.
2. Proposed scope, schedule and budget for Phase 2, including continued side -by-
side Foth -SMSC odor monitoring (if needed).
Task 4 Timeline: Preliminary report, including recommendations for Phase 2, by
approximately June 14, 2013.
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Task 5 — Meeting to Discuss Odor Mitigation Options
Foth will facilitate a meeting of the extended project team to discuss current and potential new
odor mitigation options. This meeting should include all of the same individuals listed in Task 1
above, plus, if appropriate, SMSC's composting consultant. The purposes of this meeting would
be to discuss results of the Phase 1 assessment, itemize all known odor mitigation options,
discuss the feasibility of each option, and outline next steps for each party. Foth will review and
comment on the current version of SMSC's odor management plan and recommend
enhancements as needed.
It will be important for the meeting participants to be first fully briefed on current ORF
operations and feedstock management practices. Also any specific or updated odor management
practices that are currently in place should be described by SMSC prior to the meeting (e.g., not
turning the windrow piles on Friday through Sunday).
As a result of this meeting, the extended project team should approve any proposed plans for
continued odor monitoring through a consensus process. The City will then need to decide if
funding is available for Foth's continued consulting services into Phase 2.
Task 5 Deliverables:
1. Meeting scheduled with all principal parties.
2. Agenda and background materials (e.g., Foth memo from Task 4) sent out one
week prior to the meeting.
3. Summary of existing odor mitigation operations and future plans transmitted by
SMSC staff to meeting participants ahead of the mitigation meeting.
4. Facilitate meeting.
5. Review by Foth of SMSC's odor management plan.
6. Meeting results summarized and sent out to all meeting participants.
Task 5 Timeline: Within approximately two weeks after Foth submits its preliminary
memo report to the City (approximately by the end of June 2013).
Phase 2 — Summer & Fall Odor Assessment (Optional)
If needed and approved by the City, a Phase 2 round of field odor measurements may be
conducted by Foth. The need and proposed scope of Phase 2 will be discussed at the June
project team meeting described in Task 5.
This revised proposal is based on the assumption that continued independent odor field
monitoring by Foth staff will be needed into Phase 2 through the summer and fall months in
2013. Phase 2 is optional at the City's sole discretion, costs have not yet been estimated by Foth,
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and funds have not yet been budgeted by the City. Tasks 6 through 9 below are preliminary
drafts for purposes of discussion in Task 5.
Task 6 — Revised Protocols for Continued, Independent Odor Measurements Through the
Summer and Fall Months (Optional)
Foth will develop a revised Phase 2 odor measurement plan, including any changes or upgrades
to field measurement methods. Foth tentatively recommends continued, independent, "pre -
scheduled" odor measurements, side -by -side with SMSC staff measurements of odor at the same
time and locations, to establish verification and data quality control /quality assurance (QC /QA)
protocols. The details of whether Foth vs. SMSC data is recorded "blind" of each other will be
included in the recommended protocol.
It is assumed that Foth will not take "on- call" readings immediately upon SMSC receiving an
odor complaint from a neighboring resident. It is assumed that SMSC staff only will conduct
such "on- call" odor complaint verification/monitoring. This "on- call" complaint- initiated
protocol will be further discussed in the June meeting described in Task 5.
The City may want to call a meeting (or series of meetings) with affected neighbors that have
been actively involved. If conducted, this meeting should ultimately result in permission for
Foth to have access to their properties for odor measurements at the affected residents' homes.
Task 6 Deliverables:
1. Agreed -upon Phase 2 odor assessment work plan, schedule, and budget.
2. Foth memo with revised odor measurement methods and protocols for Phase 2.
3. Meeting(s) with involved residents. (Optional)
Task 6 Timeline:
• Phase 2 work plan, schedule and budget approved by the City as soon as possible
(approximately July).
• Foth memo with Phase 2 methods, protocols and schedule submitted to the City
within one month after receiving City authorization to proceed with Phase 2.
Task 7 — Pre - Scheduled Odor Monitoring (Optional)
Foth will conduct its own odor monitoring at and around the ORF, the cattle farm, the cattle
manure land- spreading operations, and the selected residential properties with ISTS. These Foth
odor measurements will be conducted on a "pre- scheduled" basis to capture a variety of
seasonal, operational and weather - related conditions. A proposed schedule of monitoring will be
discussed and agreed upon as part of Task 5.
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Task 7 Deliverables:
1. Conduct pre - scheduled odor measurements for Phase 2.
2. Data input as needed.
Task 7 Timeline: Approximately late July through October 2013.
Task 8 — "On- Call" Odor Monitoring at Time of Complaints (Optional)
Foth may be asked by the City and SMSC staff to conduct "on- call" odor monitoring readings by
the City and SMSC staff. Neighborhood residents that complain about a particularly bad
incident could log their complaint with SMSC, SMSC could contact the City (or Foth directly if
pre- approved), and Foth staff (or a subcontractor) could mobilize to the site as soon as possible
with its own Nasal Ranger to conduct odor monitoring readings. These Foth odor readings
would be in addition to, and not instead of, SMSC readings.
Task 8 Deliverables:
1. Agreed upon communication plan to order a Foth "on- call" odor reading.
2. Conduct independent odor measurements for Phase 2.
Task 8 Timeline: As requested during Phase 2 (July through October, 2013).
Task 9 — Final Report (Optional)
A final report will be produced by Foth that includes all data and analyses from both Phase 1 and
Phase 2 of the project. Once the Phase 2 of field data/odor monitoring is completed
(approximately October), the report will take about two months to complete, including review of
a draft by City staff.
Task 9 Deliverables:
1. Draft final report submitted to City staff for review and comment.
2. Final report as accepted by City staff for presentation to City Council and public
release.
Task 9 Timeline: Within two months after the end of odor measurements in the field
(approximately the end of December 2013).
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Revised Schedule
The figure below displays the proposed timeline for both Phase 1 and the Phase 2 (optional).
These task timeframes are approximate. The task bars represent intermittent, not continuous,
work effort. A more detailed schedule for Phase 2 will be proposed and included in the Task 4
preliminary report.
As soon as possible after accepting this proposal and executing the consultant services
agreement, a kick -off meeting should be scheduled with the extended project team as described
in Task 1.
Project Timeline
Months in 2013 (Approximate Dates)
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
Phase 1 Spring Odor Asssessment (a)
Task 1 Kick -off meeting
Task 2 Transfer of SMSC data to Foth ---
Task 3 Foth odor measurements
Task 4 Preliminary report
Task 5 Meeting to discuss odor mitigation options - - - X --
Phase 2 Summer & Fall Odor Assessment rol (optional)
Task 6 Revised protocols - - - X��
Task 7 Pre - Scheduled Foth odor measurements
Task 8 "On -Call" Foth odor measurements (optional)
Task 9 Final report X�
Notes:
(a) Phase 1 Spring Odor Assessment: Kick -off meeting and start dates assume a final City — Foth agreement is executed in
early February.
(b) Phase 2 Summer & Fall Odor Assessment: Tasks are shown to display the task timelines and overall project schedule.
Phase 2 is not yet authorized or budgeted and therefore is listed as "optional ".
X = Estimated deliverable dates
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Proposed Fees
The table below lists the proposed budget by task for Phase 1 of this project. The proposed fees
for each Foth staff member were presented in the original October 2012 proposal and remain
unchanged for 2013.
A proposed Phase 2 work plan and budget will be developed in Task 5 for review and
consideration by the City and the extended project team.
Proposed Budget
Project Team Expenses
Subtotal Subtotal Total Labor
Task Description Subtotal and
Labor Labor
Hours Cost Expenses Expenses
Phase 1 Spring Odor Asssessment
Task 1 Project team development; Literature review, and Kick -off meeting 38 $4,376 $56 $4,432
Task 2 Transfer of SMSC data to Foth, Review of historical data 25 $2,624 $0 $2,624
Task 3 Initial, independent odor measurements (a) 62 $6,160 $2,264 $8,424
Task 4 Preliminary report 30 $3,346 $0 $3,346
Task 5 Meeting to discuss odor mitigation options 34 $4,018 $56 $4,074
Subtotal Dollars $20,524 $2,376 $22,900
Notes:
(a) The spring odor assessment will focus on the ORF plant odor source only conducting readings at selected receptor sites.
The intent is to verify the field methodology to empirically measure the strength of potential odor from the ORF plant.
This proposal is based on the assumption of 40 hours of Foth's Environmental Technician #2 for this Phase 1 spring
odor assessment.
The entire proposal is based on the active participation of SMSC providing data on operations, SMSC in -house staff
odor measurements, odor management plans, etc.
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