HomeMy WebLinkAbout5M Comprehensive Plan Consultant Report
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 14, 2016
AGENDA #: 5M
PREPARED BY:
PRESENTED BY:
CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST
JEFF MATZKE, PLANNER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING THE SELECTION
OF A CONSULTANT TO COMPLETE THE LAND USE AND HOUSING CHAP-
TERS AS PART OF THE 2040 COMPREHENSIVE PLAN UPDATE
DISCUSSION: Introduction
The purpose of this agenda report is to consider approval of a resolution approv-
ing the selection of Bolton & Menk, Inc. to complete the Land Use and Housing
chapters as part of the 2040 Comprehensive Plan update and authorizing the
Mayor and City Manager to enter into the City’s Standard Agreement for Profes-
sional Services with Bolton & Menk.
History
All cities, counties, and townships within the seven-county metropolitan region
must prepare a comprehensive plan and update that plan as needed every 10
years. The City Council previously allocated funds in the 2016 and 2017 City
budget to assist with this requirement. In addition, the City of Prior Lake applied
for and has been awarded a Metropolitan Council Professional Services grant to
assist with the cost of the Comprehensive Plan Update in the amount of $32,000.
Current Circumstances
City staff sent out a Request for Proposals to complete the Land Use Plan and
Housing Plan to nine consulting firms on September 23, 2016. Five responses
were received. Proposal costs ranged from $45,806 to $53,700. Staff reviewed
the proposals and selected two finalists, Bolton & Menk and WSB and Associ-
ates, and conducted phone interviews with both firms. Following the interviews,
staff selected Bolton & Menk as the preferred consultant firm to complete the
Land Use and Housing components of the 2040 Comprehensive Plan Update.
Conclusion
Based on the written proposals and interviews, staff is recommending Bolton &
Menk, Inc. be selected as the consultant to implement Option #2 of their proposal
at a cost not to exceed $50,046. City staff provided an approximate budget of
$50,000 in the RFP. WSB’s base cost was $53,700.
Bolton & Menk’s strengths include: i) a project team that has broad experience
with land use and housing planning; ii) familiarity with the City of Prior Lake and
the current Comprehensive plan; iii) a clearly defined process to complete the
tasks on schedule; iv) effective public meeting skills; and v) a competitive fee to
complete the work
2
ISSUES: The City of Prior Lake has worked with Bolton & Menk on previous occasions
and staff is confident in Bolton & Menk and their project personnel that they will
be able to complete the necessary tasks on deadline and on budget.
FINANCIAL
IMPACT:
Financial impacts include consulting costs and city staff time dedicated to the
supporting the Land Use and Housing components of the 2040 Comprehensive
Plan Update. Bolton & Menk has provided a not to exceed cost of $50,046, of
which, $24,000 will be paid with funds secured through a Planning Assistance
Grant received from the Metropolitan Council. The remaining consulting costs
will be paid with allocated funds in the Community Development budget, includ-
ing $26,000 in 2016 and $32,000 in 2017, both for Professional Services.
ALTERNATIVES: 1. Motion and a second, as part of the consent agenda, to approve a resolution
approving the selection of a consultant to complete the land use and housing
chapters as part of the 2040 Comprehensive Plan update.
2. Upon removal of this consent agenda item, motion and a second to table
action and to provide direction to staff for more information.
RECOMMENDED
MOTION:
Alternative #1
ATTACHMENT: 1. Request for Proposals
2. Bolton & Menk Proposal
3. Standard Agreement for Professional Services
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXX
A RESOLUTION APPROVING THE SELECTION OF A CONSULTANT TO COMPLETE THE
LAND USE AND HOUSING CHAPTERS AS PART OF THE 2040 COMPREHENSIVE PLAN
UPDATE
Motion By: Second By:
WHEREAS, City staff sent a Request for Proposals that defines the major responsibilities, scope
of work and project schedule related to the completion of the Land Use and Housing
chapters as part of the 2040 Comprehensive Plan Update to nine consultant firms;
and
WHEREAS,
WHEREAS,
WHEREAS,
Five proposals were received; and
City staff reviewed the proposals and selected Bolton & Menk, Inc. and WSB &
Associates for interviews; and
Following the interviews, City staff is recommending that the City Council select
Bolton & Menk, Inc. at a cost of $50,046, identified as Option #2 in their proposal;
and
WHEREAS, The Prior Lake City Council has considered the recommendations of City staff and
has selected Bolton & Menk, Inc. to complete the Land Use and Housing chapters
as part of the 2040 Comprehensive Plan Update.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. Bolton & Menk, Inc. is hereby selected to complete the Land Use and Housing chapters as
part of the 2040 Comprehensive Plan update.
3. The Mayor and City Manager are hereby authorized to execute a Standard Agreement for
Professional Services with Bolton & Menk, Inc.
PASSED AND ADOPTED THIS 14th DAY OF NOVEMBER, 2016
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
Submitted by:
Bolton & Menk, Inc.
12224 Nicollet Avenue
Burnsville, MN 55337-1649
P: 952-890-0509
F: 952-890-8065
Contact:
Jane Kansier, AICP
C: 952-358-0604
janeka@bolton-menk.com
October 21, 2016
Proposal for
City of Prior Lake
2040 Comprehensive Plan Update (Land Use & Housing Plans)
We live, work, and play where you live, work, and play.
Bolton & Menk is an equal opportunity employer.
October 21, 2016
Casey McCabe
Community Development Specialist
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
RE: Proposal for 2040 Comprehensive Plan Update (Land Use & Housing Plans)
Dear Mr. McCabe:
The update to the Land Use and Housing Elements of the City of Prior Lake Comprehensive Plan is the
first step in the process to complete the City’s 2040 Comprehensive Plan. The Comprehensive Plan will
position the City to grow in an orderly manner, while still retaining the all-important “small town feel.”
We believe you will find outstanding value in our approach to your project for the following reasons:
Clear Understanding of the Project – Our team knows the requirements of Minnesota Statutes and the
Metropolitan Council’s Thrive MSP 2040 and understands what it will take to get a plan approved. We
understand the unique challenges in having the Mystic Lake Casino in town and with the many lakes and
other natural amenities.
Proven and Experienced Project Team – Our project team has been assembled based on their experience
working with past planning projects that involved practical experience, creativity, and a commitment
to making Minnesota cities environmentally and economically sustainable. I will serve as the Project
Manager and have a clear understanding of the community and its issues due to my experience with the
2030 Comprehensive Plan Update.
The Right Approach – Our approach is to provide an open, cooperative, and collaborative process,
engaging a range of community members. We will work directly with advisory committees, commissions,
staff, and elected officials to design strategies and materials intended to reach Prior Lake residents.
Our public engagement strategy will combine traditional methods of engagement with new approaches
designed to engage a broader audience.
In continued service to the City of Prior Lake, we are excited at the opportunity to complete the 2040
Comprehensive Plan Update for you. I will personally serve as your Project Manager and lead client
contact on this project. Please contact me at 952-358-0604 or janeka@bolton-menk.com if you have any
questions regarding our proposal.
Respectfully submitted,
Bolton & Menk, Inc.
Jane A. Kansier, AICP
Senior Urban Planner
12224 Nicollet Avenue
Burnsville, MN 55337-1649
Ph: (952) 890-0509
Fax: (952) 890-8065
Bolton-Menk.com
Bolton & Menk, Inc.
12224 Nicollet Avenue, Burnsville, MN 55337-1649
P: 952-890-0509 | F: 952-890-8065
Engineering News-Record Top 500
Ranked #179 among the Top 500 Engineering and
Surveying Firms in the United States.
Services Provided:
Municipal Planning
Civil & Municipal Engineering
Water & Wastewater Engineering Transportation
Planning & Engineering Structural Engineering
Aviation Services
Water Resources Engineering
Landscape Architecture
Land Surveying
Geographic Information System Services Project
Funding & Financing
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Table of Contents
Project Understanding and Approach. . . . . . . . . . . . . . . . . . 1
Project Personnel ...........................................6
Relative Experience and References .................10
Tasks and Schedule .......................................12
Costs ..........................................................18
Conflict of Interest ........................................20
Project Understanding and Approach
Section 1
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 1Submitted by Bolton & Menk, Inc.
Project Understanding and Approach
Project Understanding
The City of Prior Lake is seeking to update the Land Use
and Housing elements of the Comprehensive Plan. These
elements are critical to preparation of the entire Plan, as they
will provide the parameters for the other plan elements.
As the City of Prior Lake’s 2040 Vision and Strategic
Plan states, “it’s hard to build a City.” Doing so requires
a vision and a plan. This is especially important for a city
like Prior Lake, which has experienced rapid growth and
development. Between 1990 and 2010, the population of
the City nearly doubled. Population projections indicate the
population of the City will increase 50% by 2040.
Growth is not without its challenges. In fact, in the City’s
last three community surveys, many residents believed
growth to be the biggest issue facing the City. It is
imperative to develop and implement a comprehensive plan
that allows growth to occur in an orderly manner, continues
to meet housing and economic development needs, and
maintains the City’s small town feel.
There are many attributes that make the City of Prior
Lake an attractive location for residential and business
development: the lakes, the traditional downtown, and
access to major State and County Roads. These same
attributes can also be challenging. For example, the many
lakes and corresponding shoreland districts make meeting
density requirements difficult. Additionally, downtown Prior
Lake is bisected by CSAH 21, creating mobility challenges,
and the Shakopee Mdewakanton Sioux Community, an
active City partner, also owns several hundred acres of land
in both fee title and trust within the City.
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Lower Prior Lake
Spring Lake
Upper Prior Lake
Rice Lake
Cleary Lake
O'Dowd Lake
Howard
Lake
Campbell
Lake
Pike Lake
Crystal Lake
Markley
Lake
Cate's or Hidden Lake
McColl Pond Lake
South Twin Lake
Featherstone
Lake
North Twin Lake
Locations for New Commercial/
Industrial Development
Need for Different
Housing Types
Town Center and Transitional
Town Center Boundaries
SMSC Land
(In Fee and In Trust)
Orderly Annexation Area
2040 Comprehensive Plan Update
Prior Lake
Considerations Map
October 21, 2016
We treat each client as if their community is our own. Many times it is.
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 2
Project Understanding and Approach
Submitted by Bolton & Menk, Inc.
The City of Prior Lake has taken a proactive approach
to prepare for the Comprehensive Plan Update. The
completion of a housing needs study and a commercial
and industrial demand analysis will inform land use and
housing elements of the plan, and the recent Downtown
Development Guide update will help focus in on the issues
in the downtown area. The Planning Commission has
already begun discussing the land use and housing elements
of the plan, and has identified some specific priorities for the
planning process including a robust public participation plan
and frequent interaction with Metropolitan Council staff.
With nearly 20 years of experience serving the City of Prior
Lake, the Bolton & Menk, Inc., team offers a rich history
and unique perspective of issues and needs in the City. Jane
Kansier is exceptionally qualified for this project; having
led the City’s last comprehensive plan update, she has a
working knowledge of the existing plan, the City in general,
and understands the key issues in this effort. However, we
know a key component in a comprehensive plan update is
to not dwell on what was or what is, but rather to focus on
what may be. As City officials look to the future, they look
to their Comprehensive Plan to provide clear, workable
recommendations and to serve as a framework for the
development of future land use policy. The Plan should
inspire, guide, and direct the growth of Prior Lake while
being sensitive to existing residents and development.
Our approach to updating the land use and housing sections
of the City of Prior Lake’s Comprehensive Plan is outlined
below.
Project Approach
A successful Comprehensive Plan depends upon a complete
understanding of the City’s issues and resources, as well as
the culture that makes Prior Lake unique. We have tailored
our approach based on conversations with the City, as well
as our history working with City staff. We understand public
engagement is critical in developing a comprehensive plan
that can be supported by the community.
Metropolitan Council Compliance
As part of the 7-County Twin Cities Metropolitan area, the
City of Prior Lake is required to update the community
Comprehensive Plan by December 31, 2018. The
Comprehensive Plan must address all elements outlined in
the Metropolitan Land Planning Act (§473) and contain all
of the information necessary for the Metropolitan Council
to review the plan for conformance with the regional plan,
consistency with regional policies, and compatibility with
the plans of adjacent and affected jurisdictions.
The Metropolitan Council has prepared a comprehensive
checklist identifying the information necessary for each
element of the Land Use and Housing Plan to comply
with Metropolitan Council requirements. Our team will
use this checklist as a basis for developing the framework
of the plan. We will work closely with City staff and the
Metropolitan Council Sector Representative, Angela
Torres, to identify any special provisions or issues for the
Plan. Our initial contact with the Met Council will also
explore the opportunity to revise forecasts as a result of
removing all Shakopee Mdewakanton Sioux Community
(SMSC) land from the calculations.
Public Involvement
Our overall approach is to
provide an open, cooperative,
and collaborative process,
engaging a range of community
members. We will work
directly with advisory committees, commissions, staff,
and elected officials to develop strategies and materials
intended to reach a variety of Prior Lake residents and
stakeholders. Our public engagement strategy will combine
traditional methods of engagement with new proven
approaches designed to engage a broader audience. Our
goal is to reach out to all sectors of Prior Lake’s residents
and businesses so the City can be confident everyone
had a chance to “be at the table” to set a common vision
and direction for the community’s future. Our public
involvement process, depending on the option the City
chooses, is comprised of:
•Face-to-Face Outreach in the form of meetings
with City staff, a Comprehensive Plan task force,
participation in the City’s 2040 Vision and Strategic
Plan Update, interviews with government leaders and
business leaders, and more informal interaction with all
members of the community using pop-up meetings or
participation in community events.
•Online Outreach including social media, online
community issues maps, and a project website with
web-based comment forum.
•Traditional Outreach including informational open
houses and workshops with the Planning Commission
and City Council.
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 3
Project Understanding and Approach
Submitted by Bolton & Menk, Inc.
We have included several key elements in our plan that will
be essential in conveying information and building support.
We will use high quality graphics to help explain complex
elements such as trends and future visions. We believe
informational graphics are key to helping non-technical
people understand technical issues and the implications of
various decisions.
At public events such as workshops or public
informational meetings we will use audience polling to
understand the demographics of who is responding, and
their perspectives on issues. Audience polling allows for
greater participation by supporting anonymous responses
that are automatically populated into charts, tables, and
word clouds on screen for all participants to see.
To support online outreach, we will provide the following
tools that serve to both inform and solicit input from the
public.
•Project Website - We will design and host a project
website with a unique URL/web address. The website
can be used to post project information, upcoming
events, opportunities to get involved, and place to
provide comments. All other forms of online outreach
methods will also be linked to the project website.
•Online GIS Story Map and Surveys - We will create
an interactive “story” map which will be unique to
Prior Lake. This technology will allow our team to ask
specific questions focused on issues identification and
allow residents, businesses, and other stakeholders to
respond by adding a comment tied to a spatial location
on the map. If desired by the City, this could also be
accompanied by an online survey.
•Social Media - Our team will integrate the plan
update into the City’s existing social media accounts.
During the project initiation and initial public outreach
phases, our team will work with City staff to determine
regular discussion
forum topics using
social media. Input
received through this
method will be used to
supplement the more
traditional outreach
methods planned.
•Online Public Open House - This will not replace the
traditional public meetings planned, but will place the
same materials available at traditional meetings online
with enough background information for people to
understand what they are looking at. The information
will be joined with a web-based comment forum to
allow the project team to ask specific questions and/
or allow general comments on the materials, similar to
what would be found at a traditional in-person meeting.
Q7. In your opinion, which is more
important to you as a business patron?
A.Off-street parking (either private
or public lot)
B.On-street parking directly outside
of a business
C.On-street parking within 1 block
of a business
D.On-street parking within a few
blocks of a business
E.No opinion
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39%44%
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17%
NUMBERSAROUNDROUNDABOUTS89%reduction in FATAL crashes
75%reduction in INJURY crashes
40%reduction inall crashes
Roundabouts eliminate T-Bone and Head-On crashes that occur at traditional intersections and are the lead-ing cause of injury related crashes.
Key Characteristics of a Roundabout
7%
15-
mph average speeds
easier to react to pedestrians and merge with vehicles
only8conflict points
vs.32
conflict points in a traditional intersection
*
20 * A conflict point is any location vehicles interact with another vehicle, pedestrian or bicycle.
Less stopping and starting time.
Less idling time.
Keeps traffic moving:
83%of vehicles yield
vs.
in a traditional intersection
to pedestriansin a roundabout
the pedestrian crossing distance1/2vs. a traditional intersection crosswalk2stage crossing
allows for shorter crossing distancewith
The center island is
designed to allow
large vehicles/
trucks to drive up
and over the curb
to proceed through
the intersection.
pedestrian refuge
1. Driver reacts to pedestrians first
2. Then driver reacts to
vehicles in roundabout
Pedestrian Safety:
Crosswalks setback from intersection traffic
Sidewalk/Trail
PedestrianRefuge
Crosswalk
Center Island
We believe in the power of face-to-face
meetings, friendly conversations, and
collaborative decision making.
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 4
Project Understanding and Approach
Submitted by Bolton & Menk, Inc.
The table below outlines three options for the public engagement process, with various levels of complexity and
involvement. All options include some form of the key elements listed above, designed to engage multiple segments of the
community in a variety of formats. A more thorough description of each of these tasks is contained in our work plan.
Public Engagement Process
Option #1 Option #2 Option #3
In
f
o
r
m
•Project website
•Social media information
•Presentations to selected groups (2
presentations)
•Public Open House (1 near the end of the
project)
•Online Open House
•Project website
•Social media information
•Public Open House (1 near the end of the
project)
•Online Open House
•Project website
•Social media information
•Public Open House (1 near the end of the
project)
•Online Open House
En
g
a
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e
•Public Open House (1 at beginning of
project)
•Online community story map with
comments
•Online survey (1)
•“Pop-Up” meetings (2 events)
•Public Open House (1 at beginning of the
project)
•Planning Commission workshops (3)
•Focus groups
°Government leaders (City, County,
School, Townships)
°Business leaders
°Residents (including youth & seniors)
•Online community story map with
comments
•Online survey (1)
•“Pop-Up” meetings (2 events)
•Public Open House (beginning of the
project)
•Comprehensive Plan Task Force
Workshops (3)
•Focus groups
°Government leaders (City, County,
School, Townships)
°Business leaders
°Residents (including youth & seniors)
•Online community story map with
comments
•Online survey (1)
•“Pop-Up” meetings (2 events)
•Incorporate Comprehensive Plan into
2040 Vision & Strategic Plan Update
•Incorporate Comprehensive Plan into
2040 Vision & Strategic Plan Update
•Downtown Design Charrette
•Incorporate Comprehensive Plan into
2040 Vision & Strategic Plan Update
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•Provide updates to the Planning
Commission
(3 meetings)
•Joint Planning Commission/City Council
Workshop (1 meeting)
•Meetings with City Staff (as needed, with
a minimum of 4)
•Joint Planning Commission/City Council
Workshop (1 meeting)
•Meetings with City Staff (as needed, with
a minimum of 4)
•Provide updates to the Planning
Commission
(3 meetings)
•Joint Planning Commission/City Council
Workshop (1 meeting)
•Meetings with City Staff (as needed, with
a minimum of 4)
Actions highlighted in green are unique to that option.
Because of our local ties, we have a true understanding of the people,
needs, and resources in the communities we serve.
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 5
Project Understanding and Approach
Submitted by Bolton & Menk, Inc.
Planning Services
The Bolton & Menk team has reviewed the Metropolitan
Council’s Local Planning Handbook, and understands what
will be required for each chapter of the Comprehensive
Plan. We will use the handbook and the checklist specific
to Prior Lake as a guide to ensure all required information,
tables, charts, and maps are included in Prior Lake’s Land
Use and Housing chapters. However, the end product will
be unique to the City of Prior Lake.
For each chapter (Land Use and Housing), our team will
work through a series of investigations and evaluations to
fully understand existing conditions, issues, and trends. Our
team will provide an analysis of population and housing
data based on historical trends and recent projections. The
Land Use chapter will include an evaluation of existing land
use categories and definitions in this analysis. The Housing
chapter will provide an analysis of housing needs, and
the City’s allocation of affordable housing. We will draft
housing goals and objectives, and an implementation plan to
meet these goals.
As we work through our analysis, we will:
•Incorporate the findings of the recent Comprehensive
Housing Needs Study and Comprehensive Commercial
and Industrial demand Analysis into the Plan.
•Identify and map all SMSC trust and fee-owned land
within the City and the Orderly Annexation Area. These
areas will be removed from the developed land area, and
the housing and population assigned to these areas will
be removed from the Metropolitan Council’s forecasts.
•Review the Downtown Development Guide and its
recent update, and identify appropriate boundaries for
the Town Center and the Transitional Town Center
districts.
•Review and identify appropriate land uses and
development densities within the Orderly Annexation
Area. We will work closely with City staff to develop a
staging plan for this area consistent with the needs of the
City and the renegotiated annexation agreement.
•Participate in the City’s 2040 Vision and Strategic
Plan as part of our planning analysis and outreach
efforts to identify and address issues pertaining to the
Comprehensive Plan.
•Identify future land use categories including minimum
and maximum densities, compare them to the existing
Zoning Districts, and provide recommendations for
updates to the Zoning Ordinance to comply with the
Comprehensive Plan.
Project Personnel
Section 2
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 6Submitted by Bolton & Menk, Inc.
Project Personnel
Project Personnel
The Bolton & Menk team has extensive experience evaluating and developing successful solutions that meet the needs
of our clients, can be supported by stakeholders, and can be effectively implemented. Our proposed team provides the
optimum combination of accessibility, local knowledge of the community, and specialized expertise. In addition, we have
more than 400 employees, throughout 16 offices, including a professional staff of over 150 engineers, planners, landscape
architects, and surveyors we are able to draw from for the 2040 Comprehensive Plan Update.
Our team is currently under contract to complete two Comprehensive Plans, and currently in negotiations with another
community. We anticipate completing three to four complete plans and several technical sections for other communities.
Our team will be led by our Project Manager, Jane Kansier, who will be supported by key individuals and support staff as
outlined in the organizational chart below. In addition, Bolton & Menk has more than 12 other planners within the firm
that can provide assistance, as needed, to meet Prior Lake’s needs for the Comprehensive Plan Update.
Jane Kansier, AICP
Project Manager
Final Plan
Ashley Hudson
Planner/Public Particiation
Dave Breiter
Graphic Design Coordinator
GIS/Mapping
Nick Meyers, GISP
GIS/Planner
Ashley Hudson
Planner/Public Participation
Nick Meyers, GISP
GIS/Planner
Data and Analysis
Ashley Hudson
Planner/Public Participation
Public Involvement
Nick Meyers, GISP
GIS/Planner
Dave Breiter
Graphic Design Coordinator
Madeline Peck
Social Media Specialist
Doug Abere (Charrette)
Transportation Planner
Joel Odens (Charrette)
Landscape Architect
Brian Hilgardner, P.E.
Principal-in-Charge
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 7
Project Personnel
Submitted by Bolton & Menk, Inc.
The following paragraphs provide the key roles of each
team member. These individuals have track records
of successful projects and, just as importantly, are
enthusiastic and committed to meeting and exceeding
client expectations.
Brian Hilgardner, P.E.
Principal-in-Charge
Brian will be assisting a few other communities with
the utility section updates of their comprehensive
plans. He is currently 30% available. Brian will
be responsible for committing sufficient
personnel and resources to accomplish the work plan and
schedule within the time frame defined. He will monitor
progress, schedule, and budget and work closely with the
Project Manager to ensure critical issues are addressed in a
timely manner. Brian is a Project Manager with experience
in municipal engineering. Since beginning his career
in 1998, he has gained a range of experience in project
administration from conception through construction. His
background includes development and design of municipal
reconstruction projects including street construction,
sanitary sewer systems, lift stations, water distribution
systems, stormwater collection systems, and pedestrian
facility construction. His administrative duties have
included preliminary engineering reports, cost estimates,
preliminary and final design, presentations, attendance at
city council meetings, bidding assistance, and construction
administration. In addition, Brian has assisted in training
young EIT’s on proper construction observation skills. He
is an expert in trenchless technology techniques.
Jane Kansier, AICP
Project Manager
Jane recently joined Bolton & Menk. She is currently
working on a comprehensive plan update for the City
of Scandia and anticipates working for up to three
additional communities during the update process.
Jane is currently 90% available. Jane will serve as the Project
Manager and Lead Planner. She will be responsible
for providing project supervision, client coordination,
and will lead Bolton & Menk staff to ensure a quality
Comprehensive Plan Update. Jane will also lead all public
involvement efforts. Jane began her planning career in
1984 and has worked in city and county planning, city
administration, and public transit. She has extensive
experience in the coordination and development of
comprehensive plans, zoning ordinances, city codes, site
plan and development review, and project management.
Additionally, Jane has experience with city administration,
grant writing, and public transit. Her primary duties
include project management for services related to
municipal planning, metropolitan area comprehensive plan
development, and land use analysis and impacts.
Relevant Experience
•2030 Comprehensive Plan Update, City of Prior
Lake, MN
•2020 Comprehensive Plan Update, City of Prior
Lake, MN
•Zoning and Subdivision Ordinance Rewrite, City of
Prior Lake, MN
•Rochester Land Development Manual, City of
Rochester, MN
•Northern Scott County Transit Study, Minnesota Valley
Transit Authority
Ashley Hudson
Planner/Public Participation
Ashley is anticipated to assist up to two other
communities with comprehensive plan and/or
transportation plan updates. She is currently 60%
available. Ashley will support Jane in all
aspects of the Land Use and Housing elements. She joined
Bolton & Menk as a Transportation Planner and Landscape
Designer in 2011. Her project work and education have
given her experience with land use planning, landscape
architecture, urban design, street and trail lighting design,
and corridor planning projects at varying scales. Ashley
has specific experience with stakeholder and public
involvement activities, roadway and trail design projects,
graphic representation of data and analysis, creative
solutions, and research and writing. She is especially
interested in incorporating successful and innovative
techniques and materials that make for a valuable public
involvement process.
Relevant Experience
•Parks and Trails Master Plan, City of Forest Lake, MN
•Highway 10 Study and Anoka Land Use Subarea
Study, Anoka County, MN
•I-35 AUAR, City of Elko New Market, MN
•CSAH 34 Traffic and Transportation Needs Study,
Steele County, MN
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 8
Project Personnel
Submitted by Bolton & Menk, Inc.
Nick Meyers, GISP
GIS/Planner
Nick is anticipated to assist with GIS mapping for
up to two comprehensive plan updates and multiple
transportation plan updates. Nick is currently 50%
available. Nick will be responsible for all GIS
mapping including the online community issues map and
creation of the GIS Story Maps for the online open houses.
Nick will also provide planning support for the land use
and housing elements. Nick is a GIS Project Manager with
more than 10 years of experience related to Geographical
Information Systems and planning. He has a range of
experience including project management, public utility
and infrastructure mapping, web application development,
and municipal planning. Before his time at Bolton &
Menk he worked in municipal government where he
managed effective and efficient enterprise GIS systems
and assisted with zoning ordinance development, zoning
administration, and public involvement. Nick has gained
extensive knowledge working with ESRI GIS software
products including ArcGIS Desktop & Extensions, Model
Builder, Python, ArcGIS for Server, and City Engine.
Relevant Experience
•Comprehensive Plan, City of St. Charles, MN
•Comprehensive Plan, City of Luverne, MN
•Highway 10 Access Planning Study, Anoka County, MN
•County Trail Plan, Winona County, MN
Doug Abere
Senior Transportation Planner
Doug is currently 70% available. Doug will be
responsible for assisting in planning and
leading the downtown design charrette,
if this option is chosen. Doug is a Senior
Project Manager and Transportation Planner who began his
career in 1986. He has experience in project management,
transportation planning, environmental planning, project
development, and related research.
Doug is currently serving MnDOT and the Metropolitan
Council as Project Manager for the Principal Arterial
Intersection Conversion Study, a first-of-its-kind project
providing strategic guidance on investment priorities
for the Twin Cities’ system of non-freeway principal
arterials. In the last several years, he has also managed
projects or led critical tasks to facilitate decision-making
for the Orange Line Bus Rapid Transit project, Highway
61 Hastings Bridge Replacement project, St. Croix River
Crossing (Visual Quality Manual and related facilitation),
complex freeway system planning/visioning, and several
other challenging transportation/environmental projects.
Relevant Experience
•Twin Cities Principal Arterial Intersection Conversion
Study, MnDOT Metro District
•I-35 AUAR, City of Elko New Market, MN
Joel Odens, PLA, ASLA, LEED AP
Landscape Architect
Joel is anticipated to assist a few communities with
the parks and trails component of their comprehensive
plan update. He is currently 50% available. Joel
will be responsible for assisting in planning
and leading the downtown design charrette, if this option
is chosen. Joel has been in the Landscape Architecture
industry since 1996. His experience includes streetscape
enhancements, park planning and trail design, mobility
studies, highway landscape design, monumentation,
commercial and mixed-use development, transit oriented
development, and public memorials. Joel’s skills include
client relations, marketing, presentation and facilitation,
cost estimation, master planning, conceptual design,
preparation of construction documents, and construction
management. Joel enjoys working in multi-disciplinary
atmospheres, focusing on serving the needs of clients
while creating responsible, sustainable, and successful
spaces.
Relevant Experience
•Parks and Trails Master Plan, City of Forest Lake, MN
•Garden Park Trail Master Plan, City of Edina, MN
•River Oaks Park Master Plan, City of Big Lake, MN
Dave Breiter
Graphic Design Coordinator
Dave is currently 40% available. Dave will provide
all graphic materials, website development,
project branding, and support for online
open houses for the Comprehensive Plan
Update. Dave has a range of experience in graphic design,
project branding, multimedia, and website production.
His responsibilities include project management, design,
and implementation of print materials; websites; 2D, 3D,
and 4D project visualizations; project considerations maps
and display panels; as well as video production. Dave
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 9
Project Personnel
Submitted by Bolton & Menk, Inc.
is proficient in the use of Adobe Photoshop, Illustrator,
InDesign, Premiere Pro, After Effects, Audition &
Dreamweaver, as well as SketchUp Pro, 3D Studio Max,
and the Microsoft Office suite of programs.
Relevant Experience
•Comprehensive Plan Updates, City of Wabasha, MN
•Comprehensive Plan Updates, City of Luverne, MN
•Highway 10 Access Planning Study, Anoka County, MN
•TH 25 Downtown Reconstruction, City of
Buffalo, MN
Madeline Peck, LEED GA
Social Media Specialist
Madeline is currently 60% available. Madeline will
work closely with Jane to develop a social
media strategy for the Comprehensive Plan
Update. This includes identifying specific
content and a schedule for posting materials/questions. She
joined Bolton & Menk as a Landscape Designer in 2015.
Her project work and education have given her experience
with landscape architecture, urban design, and planning
projects. Madeline has specific experience integrating
social media into transportation planning projects. She
is currently working on a project in South St. Paul that
is transitioning from a planning stage to construction.
Madeline’s Facebook outreach has been very successful
with this project to inform a broader audience than just
those attending traditional open house meetings.
Relevant Experience
•Southview Boulevard in South St. Paul, Dakota
County, MN
•Parks and Trails Master Plan Update, City of Big
Lake, MN
•Riverfront Drive Corridor Study, Mankato/North
Mankato Area Planning Organization
Relative Experience and References
Section 3
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 10Submitted by Bolton & Menk, Inc.
Relative Experience and References
Relative Experience and References
The following projects include recent and related
experience completed by members of our team. Client
satisfaction through quality deliverables, cost-effective
rates, and timely project delivery are top priorities on all
projects. Please feel free to contact the references that are
included for each project.
2030 Comprehensive Plan Update, City of Prior Lake, Minnesota
Reference: Frank Boyles, City Manager, 952-447-9801
Between 1996 and
2006, the City of Prior
Lake experienced
unprecedented growth
and development. In
2003, the City entered
into an Orderly Annexation Agreement with Spring Lake
Township to annex nearly 700 acres of developable land
over the next 20 years. This area was not included in any
of the City’s long-range planning documents, so an overall
update to the City’s Comprehensive Plan was required. This
update included all elements of the plan, from land use and
housing to infrastructure.
Jane Kansier was the Planning Director for the City of
Prior Lake during this time. It was her responsibility to
coordinate all aspects of the Comprehensive Plan update.
She was responsible for the preparation of the land use and
housing elements, as well as for coordinating development
of the technical plan elements by a series of consultants, and
combining all the plans into a single document. Ultimately,
Jane was responsible for guiding this document through the
Metropolitan Council approval process.
Downtown Development Guide, City of Prior Lake, Minnesota
Reference: Frank Boyles, City Manager, 952-447-9801
Jane Kansier was part of a
team that created a Downtown
Development Guide for
the City of Prior Lake.
The purpose of this guide
was to build on previous
design and redevelopment
recommendations to formulate
specific recommendations
for the downtown area as well as an action plan for
implementation. The approved guidelines were used to
define the downtown Main Avenue reconstruction project.
These guidelines were also used as a basis for updated
Zoning Ordinance requirements for the downtown district.
Comprehensive Planning and Consulting, City of Wabasha, Minnesota
Reference: Chad Springer, City Administrator, 651-565-4568
As Wabasha’s Planning
Consultant, Bolton & Menk
has been working on an
update to their Comprehensive
Plan. This includes a wide-
ranging analysis of population,
economic, and socio-economic
trends, three steering committee
workshops, completion of
multiple community surveys for residents, non-residents,
and students, City website updates, and small group
discussions to define City-wide issues, opportunities,
and strengths with key stakeholders. The Plan helped
determine community goals and aspirations for the City of
Wabasha and recommended policy in terms of land use,
transportation, parks, trails, open space, natural resources,
utilities, growth management, and land use. A final draft of
the Plan has been completed.
I-35 AUAR, Elko New Market, Minnesota
Reference: Tom Terry, City Administrator, 952-467-2777
The Elko New Market Alternative Urban Areawide
Review (AUAR) addressed a 265-acre study area which
includes a proposed 125-acre warehousing/distribution
project (the Ryan Companies Development) and 140 acres
of surrounding land with potential for more industrial or
commercial development. In nine months, as originally
proposed, Bolton & Menk developed the complete EIS-
level Draft AUAR and a Traffic Impact Study (TIS). The
timely completion of the AUAR was essential to facilitate
the economic development opportunities at the CSAH
2/I-35 interchange. Bolton & Menk completed the traffic
studies in consultation with MnDOT Metro and Scott
County, as well as extensive environmental data gathering
and analyses. The result is an AUAR, traffic impact study,
and Mitigation Plan that are coordinated with proposed
transportation project development and other staged
impacts and mitigations.
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CRYSTAL LAKESPRING LAKE
UPPER PRIOR LAKE
ARCTIC LAKE
LOWER PRIOR LAKE
PIKE LAKE
HAAS LAKE
JEFFERS
POND
HOWARD LAKE
MARKLEY LAKE
BLIND LAKE
CAMPBELL LAKE
MYSTIC LAKE
This drawing is neither a legally recorded map nor a surveyand is not intended to be used as one. This drawing is a
compilation of records, information and data from various city,county and state offices and other sources. This documentshould be used for reference only. No representation is made
that features presented accurately reflect true location. The
City of Prior Lake, or any other entity from which data wasobtained, assumes no liability for any errors or omissionsherein. If discrepancies are found, please contact theCity of Prior Lake.
3,000 0 3,0001,500
Feet
APPROVED OCTOBER 2006Last Updated March 2011
Community Development & Natural Resources DepartmentX:/Planning/Comp_Plan/CompPlan2030_2011_11x17.mxd
City of Prior Lake
Minnesota
2011 .2030 COMPREHENSIVELAND USE PLAN
Land Use Designations
R-OS Recreation & Open Space
Right-of-Way
Lake
SMSC Trust Land
Park
Public Classifications
R-MD Urban Medium Density (4.1-7 U/AC)
R-HD Urban High Density (7.1-20 U/AC)
R-LD Urban Low Density (0-4 U/AC)
R-RD Rural Density
Residential Classifications
I-PI Planned Industrial
C-BO Business Office Park
Office / Industrial Classifications
C-HG Hospitality General Business
T-TC Transitional Town Center
C-TC Town Center
C-CC Community Retail Shopping
C-NR Neighborhood Retail Shopping
Commercial Classifications
City of Wabasha 2016-2035 Comprehensive Plan
Adopted September 6, 2016
PREPARED FOR: City of Wabasha
PREPARED BY: Bolton & Menk, Inc.
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 11
Relative Experience and References
Submitted by Bolton & Menk, Inc.
Bolton & Menk also facilitated comprehensive stakeholder
outreach to capture and respond to input from agencies,
property owners, residents, and the general public. Several
agencies, including MnDOT, were regularly engaged
throughout as members of the Study Advisory Committee to
address the need for interchange improvements. Today, the
City continues to engage with MnDOT and other agencies
to address plans to upgrade the I-35/CSAH 2 interchange,
which was the major transportation planning focus of the
AUAR. Bolton & Menk is also continuing work on the
interchange, with a leadership role in addressing traffic and
interchange configuration alternatives.
CSAH 34 Corridor Study, Steele County, Minnesota
Anita Benson, County Engineer, 507-444-7400
CSAH 34 is a developing corridor with changing traffic
demands on a County minor arterial roadway. A hospital
along the corridor is a major traffic generator. Future land
use changes are expected in the area, including over 300
acres of future development. Additionally, there are capacity
concerns with the I-35 interchange. Economic development
goals are limited by the roadway capacity. There was a lack
of access control to guide decisions and a lack of a unified
plan for Steele County, the City of Owatonna, and MnDOT.
Bolton & Menk studied a three-mile stretch of CSAH
34 from 24th Avenue NW to CSAH 8 to develop an
implementation plan consisting of capacity and safety
improvement projects required to accommodate the traffic
growth and development for the next 15 years. The study
resulted in a blueprint that was provided to guide future
access decisions.
The ARTery, City of Hopkins, Minnesota
Reference: Nate Stanley, City Engineer, 952-935-8474
The City of Hopkins
desired a plan and
design for a vibrant and
interactive, “pedestrian
seductive,” 8th Avenue
between the proposed
Downtown Hopkins Light
Rail Transit (LRT) station and historic Mainstreet. The
process for achieving this goal was a visioning plan to
create a corridor that is sensitive to the rich history of
downtown, coupled with the progressive multimodal
connection opportunities of the LRT station.
Bolton & Menk designed and facilitated engagement
between the community, artists, City staff, and technical
experts to create an optimal plan using art.
Through the use of innovative public outreach and a
collaborative design process, a successful vision was
developed for the ARTery. The success of this project
lies in the flexible design approach to develop a
multimodal, pedestrian-friendly corridor that also serves as
an art-centric, urban linear park.
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I-35 AUAR
City of Elko New Market
FUTURE DEVELOPMENT AREAS
FIGURE 8
Legend
0 700Feet
I
Source: Scott County, MnDNR, MnDOT, MnGeo
Ryan Companies Development Parcels
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Potential New Public Street
$Future Street Connection
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Future Industrial
March 2015
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Page 4
Figure 1 - Study Area
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Study AreaAllina Health
Owatonna Clinic
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Intermediate School
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El Shaddai
Private
School
Owatonna
Christian
School
There is no such thing as a one-size-fits-all
solution. We recognize that every project and
client are unique and we treat them that way
Tasks and Schedule
Section 4
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 12Submitted by Bolton & Menk, Inc.
Tasks and Schedule
Tasks and Schedule
Task 1: Project Initiation
A key to a successful project is making sure it starts off on
the right foot. We will:
Meet with City staff and the Planning
Commission to finalize the schedule and
scope of work.
Conduct a community visit and inventory
existing conditions.
Review previously adopted planning
documents from various City departments.
Task 2: Public Outreach
There are many ways to incorporate public interest and
participation in a Comprehensive Plan project. A public
participation process should serve to inform, engage, and
provide an opportunity to collaborate with stakeholders.
Each of the three options we are proposing includes
elements in each of the three categories. Whichever option
the City chooses, we expect this effort will provide an
extensive opportunity for those interested to participate,
and provide City Officials with a sufficient level of
confidence there are no unanticipated issues, not yet raised
to public consciousness, that need to be addressed in the
Comprehensive Plan process.
City Staff Involvement. Bolton & Menk staff will
lead the effort, relying on City staff for feedback and
interpretation of local issues and choices. We will work
closely with City staff in a shared lead role for purposes of
correspondence with the public and with public officials.
Public Official Roles. With a history of working for
local government in planning and zoning and engineering,
we fully understand the role of public officials and the
information they need to make informed and effective
decisions. We work hard to build our relationship with
the community so we can quickly absorb the issues to
be addressed. This requires regular interaction with the
Planning Commission and City Council members to
understand their approaches to local government and land
use policy, and to ensure that the new Comprehensive Plan
truly captures the objectives they envision.
Public Role. Public participation will engage the public
through a combination of face-to-face interaction and
online communication.
The specific tasks included in the public outreach plan for
all three options are listed below.
Subtask 2.1: Online Outreach
Online outreach is necessary to reach more community
members. All tasks listed below are included in all
three public outreach options as detailed in the Project
Approach section:
Subtask 2.1.1: Develop a Comprehensive Plan
website - The website will be used for project information
and updates.
Subtask 2.1.2: Create an interactive “story” map -
The map will be unique to Prior Lake. This technology
will allow our team to ask specific questions focused on
issues identification and allow stakeholders to respond by
adding a comment tied to a location on the map.
Subtask 2.1.3: Create an online survey - An online
survey will be posted on the project website. We will work
with staff to develop specific questions and topics for this
survey.
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 13
Tasks and Schedule
Submitted by Bolton & Menk, Inc.
Subtask 2.1.4: Social Media for the Comprehensive
Plan - We will work with City staff to determine regular
discussion forum topics to be integrated into the City’s
existing social media accounts.
Subtask 2.1.5: Online Public Open House - We will
post materials provided at the traditional open house
meetings for those unable to attend.
Subtask 2.2: Face-to-Face Outreach (Option #1)
Subtask 2.2.1: Meetings with City Staff
- meetings will be conducted to review plan
progress and provide input on project strategy and
direction on an as needed basis. A minimum of four
meetings are planned.
Subtask 2.2.2: Public Open Houses - Our team will
provide two open houses, open to all members of the
public. The first will be an educational and informational
gathering early in the process to identify issues and areas
of importance. The second will occur later in the process
to provide preliminary plans and exhibits for public
comment. (Two meetings)
Subtask 2.2.3: Presentations to Selected
Groups - Our team will provide a presentation on the
Comprehensive Plan to selected groups such as the
Chamber of Commerce, service organizations or others
recommended by the City. (Two presentations)
Subtask 2.2.4: “Pop-Up” Meetings - Unlike traditional
public meetings, “pop-up” meetings go where the public is
already gathering such as community events, local farmers
market, or the library. People are provided with written
materials, asked to complete a short survey, and have the
opportunity to ask questions. Our proposal includes two
“pop-up” meetings at times and locations recommended by
the City. (Two events)
Subtask 2.2.5: 2040 Vision
and Strategic Plan Update -
Our team will participate in the
2040 Vision and Strategic Plan
update to provide input on the
Comprehensive Plan.
(One meeting)
Subtask 2.2.6: Planning Commission - Throughout
the process, our team will provide regular updates to the
Planning Commission. (Three meetings)
Subtask 2.2.7: Joint Planning Commission/City
Council Workshop - Upon completion of both the Land
Use and Housing elements, our team will conduct a joint
Planning Commission/City Council Workshop to outline
the plan and solicit input. (One meeting)
Subtask 2.2: Face-to-Face Outreach (Option #2)
The face-to face outreach in Option #2 expands
on the outreach included in Option #1.
Subtask 2.2.1: Meetings with City Staff - meetings will
be conducted to review plan progress and provide input
on project strategy and direction on an as needed basis. A
minimum of four meetings are planned.
Subtask 2.2.2: Public Open Houses - Our team will
provide two open houses, open to all members of the
public. The first will be an educational and informational
gathering early in the process to identify issues and areas
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 14
Tasks and Schedule
Submitted by Bolton & Menk, Inc.
of importance. The second will occur later in the process
to provide preliminary plans and exhibits for public
comment. (Two meetings)
Subtask 2.2.3: Planning Commission Workshops -
Our team will facilitate three workshops with the Planning
Commission. The first workshop will include background
on the Comprehensive Plan process and City data and
projections. The Commissioners will complete a SWOT
analysis to identify critical issues. The second workshop
will review the results of the SWOT analysis and the
initial open house, and provide input on the content of
the online community survey. At the third workshop, the
Commissioners will review the results of the online survey
and provide recommendations on the Land Use Plan.
(Three workshops)
Subtask 2.2.4: Focus Groups - We will conduct personal
interviews with community leaders utilizing a focus group
approach. We anticipate three focus groups including:
•Government leaders (City, County, School, Townships)
•Business leaders
•Residents (including youth and seniors)
Subtask 2.2.5: “Pop-Up” Meetings - Unlike traditional
public meetings, “pop-up” meetings go where the public is
already gathering such as community events, local farmers
market, or the library. People are provided with written
materials, asked to complete a short survey, and have the
opportunity to ask questions. Our proposal includes two
“pop-up” meetings at times and locations recommended by
the City. (Two events)
Subtask 2.2.6: 2040 Vision
and Strategic Plan Update -
Our team will participate in the
2040 Vision and Strategic Plan
update to provide input on the
Comprehensive Plan.
(One meeting)
Subtask 2.2.7: Joint Planning Commission/City
Council Workshop - Upon completion of both the Land
Use and Housing elements, our team will conduct a joint
Planning Commission/City Council Workshop to outline
the plan and solicit input. (One meeting)
Subtask 2.2: Face-to-Face Outreach (Option #3)
The face-to face outreach in Option #3 provides
additional outreach and a design charrette
specific to the downtown.
Subtask 2.2.1: Meetings with City Staff - meetings will
be conducted to review plan progress and provide input
on project strategy and direction on an as needed basis. A
minimum of four meetings are planners.
Subtask 2.2.2: Public Open Houses - Our team will
provide two open houses, open to all members of the
public. The first will be an educational and informational
gathering early in the process to identify issues and areas
of importance. The second will occur later in the process
to provide preliminary plans and exhibits for public
comment. (Two meetings)
Subtask 2.2.3: Establish a Comprehensive Plan
Task Force - The task force will consist of 10-12
members from a mix of staff, elected and appointed
officials, and community volunteers. This committee
will provide overall direction on the Comprehensive
Plan. Our team will facilitate three workshops with the
Task Force. The first workshop will include background
on the Comprehensive Plan process and City data and
projections. Task Force members will complete a SWOT
analysis to identify critical issues. The second workshop
will review the results of the SWOT analysis and the initial
open house, and provide input on the content of the online
community survey. At the third workshop, the Task Force
will review the results of the online survey and provide
recommendations on the Land Use Plan. (Three meetings)
Subtask 2.2.4: Focus Groups - We will conduct personal
interviews with community leaders utilizing a focus group
approach. We anticipate three focus groups including:
•Government leaders (City, County, School, Townships)
•Business leaders
•Residents (including youth and seniors)
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 15
Tasks and Schedule
Submitted by Bolton & Menk, Inc.
Subtask 2.2.5: “Pop-Up” Meetings - Unlike traditional
public meetings, “pop-up” meetings go where the public is
already gathering such as community events, local farmers
market, or the library. People are provided with written
materials, asked to complete a short survey, and have the
opportunity to ask questions. Our proposal includes two
“pop-up” meetings at times and locations recommended by
the City. (Two events)
Subtask 2.2.6: Downtown Design Charrette - A
charrette is an intensive planning session where citizens,
designers, and others collaborate on a vision for
development. It provides a forum for ideas and offers
the unique advantage of giving immediate feedback to
the designers. More importantly, it allows everyone who
participates to be a mutual author of the plan. Our team
will facilitate a one day charrette focused on Downtown
Prior Lake and connections to the South Lake District.
Our team will organize the charrette into three focus areas:
north downtown, south downtown, and west downtown.
Participants will envision downtown boundaries, long
range uses, interim uses, and connections. Following the
charrette, we will provide a report outlining the vision of
the participants. (One meeting)
Subtask 2.2.7: 2040 Vision and Strategic Plan Update
- Our team will participate in the 2040 Vision and Strategic
Plan update to provide input on the Comprehensive Plan.
(One meeting)
Subtask 2.2.8: Joint Planning Commission/City
Council Workshop - Upon completion of both the Land
Use and Housing elements, our team will conduct a joint
Planning Commission/City Council Workshop to outline
the plan and solicit input. (One meeting)
Subtask 2.3: Public Hearing
Minnesota Statutes require a public hearing on the Draft
Comprehensive Plan Update. If requested, we will attend
the Planning Commission public hearing on the plan to
be scheduled by staff in early 2018.
Subtask 2.4: Press Releases, Notices, and Newspaper
Articles
We will work with City staff to prepare press releases
and notices to announce public events both in-person and
online. We will also help develop content for newspaper
articles to create interest and provide updates on the
Comprehensive Plan process.
Task 3: Data Gathering and Analysis
This task includes review of existing plans and
identification of issues and needs. We will also obtain GIS
data and develop mapping.
Task 4: Land Use Plan Element
The purpose of the Land Use Plan element is to define future
development and opportunities. Our work plan is designed
so the Land Use Plan element will meet all requirements of
Minnesota Statutes and the Metropolitan Council. All of the
required tables and figures will be included in the Plan.
Subtask 4.1: Introduction
The Introduction will acknowledge the Metropolitan
Council’s population, household, and employment
forecasts and the existing community designation and
expected density.
Subtask 4.2: Existing Land Use
•Identify and map existing land uses
•Calculate acreage and percentage of each land use
•Identify and map vacant or underutilized properties for
future development
•Identify and map SMSC properties:
°Calculate the share of population, households, and
employment for SMSC properties and subtract from
Metropolitan Council forecasts
°Work with the Metropolitan Council for approval of
this revision
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 16
Tasks and Schedule
Submitted by Bolton & Menk, Inc.
Subtask 4.3: Future Land Use
•Review existing land use designations and recommend
changes or modifications
•Identify appropriate future, long-term land use
designations for all parcels, regardless of existing use
•Identify density ranges for each residential land use
designation
•Provide a vacant land use capacity analysis to identify
potential future growth areas in the City
•Identify and map location of forecasted residential
growth
•Identify areas appropriate for more in depth planning
studies
•Provide a Future Land Use Map
•Identify net developable acreage for each residential
land use
•Review current Zoning Ordinance and Zoning Map,
and identify changes required for consistency with the
new Plan
Subtask 4.4: Staged Development
The Emerging Suburban Edge classification requires a plan
for staged development in 10-year increments. The Staging
Plan will be carried through all elements of the plan and
will:
•Provide a table identifying staged development
including future land uses, acres, and density ranges
for each 10-year increment
•Provide a map identifying the staging
Subtask 4.5: Orderly Annexation Area
•Identify timing of annexation for properties within the
Orderly Annexation Area
•Provide recommendations for timing of development
based on location of existing services
Subtask 4.6: Special Resource Protection
•Identify areas of special resources including:
°Natural resources: incorporate existing natural
resource inventory into the Plan
°Historic sites
°Aggregate resources
°Agricultural preserves
•Describe the goals and priorities for concerning
protection and conservation of these resources
Task 5: Housing Element
More than 90% of the land uses in Prior Lake are housing-
related, so this element of the Comprehensive Plan is
important to Prior Lake. Our work plan is designed to
meet all requirements of Minnesota Statutes and the
Metropolitan Council.
Subtask 5.1: Existing Conditions
•Complete an existing housing assessment including
total number of units, number of units by type, owner
occupied and rental units, housing values, number
of publicly subsidized units by type, and number
of existing households experiencing a housing cost
burden
•Map owner-occupied housing units by assessed value
Subtask 5.2: Future Demand
•Provide an analysis of existing housing needs and
priorities including a discussion of how the Land Use
Plan addresses future needs
Subtask 5.3: Affordable Housing Needs Allocation
•Identify the City’s allocation of affordable housing
•Analyze and provide a recommendation to the City
on how to guide sufficient land needed to meet the
minimum densities, based on the options provided by
the Metropolitan Council Local Planning Handbook
Subtask 5.4: Implementation Plan
•Draft housing goals, policies and objectives for City
approval
•Identify public programs, fiscal devices, and other
specific actions that could be used to meet existing
and projected housing needs including in what
circumstance and in what sequence each tool may be
used
Task 6: Final Plans
Bolton & Menk will provide the final Land Use and
Housing Plan elements by the end of August 2017. Our
staff will provide assistance to City staff in the public
hearing process and final adoption of the complete
Comprehensive Plan.
Tasks and Schedule
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 17Submitted by Bolton & Menk, Inc.
Month
Week of 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 3 10 17 24 31 7 14 21 28
1.0 Project Initiation
1.1 Finalize Contract
1.2 Meet with City staff ‐ Finalize Scope of Work and Schedule
1.3 Meet with Planning Commission ‐ Finalize Outreach Plan
1.4 Community Visit
2.0 Public Outreach (Specific Schedule Depends on Chosen Option)
2.0 Finalize Outreach Plan
2.1 Online Outreach
Develop and Update Website
Create Interactive Story Map
Create Online Survey
Social Media Updates
Online Public Open House
2.2 Face‐to‐Face Outreach
Meetings with City Staff
Public Open Houses
Selected Group Presentations (Option 1)
"Pop‐Up" Meetings
2040 Vision & Strategic Plan Update
Planning Commission Updates (Option 1 and Option 3)
Joint Planning Commission/City Council Workshop
Planning Commission Workshops (Option 2)
Focus Groups (Options 2 and 3)
Comprehensive Plan Task Force (Option 3)
Downtown Design Charrette (Option 3)
2.3 Public Hearing
2.4 Press Releases, Notices, and Newspaper Articles
3.0 Data Gathering and Analysis
3.1 Data Gathering and Analysis
3.2 Obtain GIS Data and Develop Mapping
4.0 Land Use Element
4.1 Introduction
4.2 Existing Land Use
4.3 Future Land Use
4.4 Staged Development
4.5 Orderly Annexation Area
4.6 Special Resource Protection
4.7 Submit Final Draft
5.0 Housing Element
5.1 Existing Conditions
5.2 Future Demand
5.3 Affordable Housing Needs Allocation
5.4 Implementation Plan
5.5 Submit Final Draft
6.0 Final Product
6.1 Final Plan Edits
6.2 Submit Final Plans
7.0 Plan Approval
7.1 Public Hearing
All Options Option 1 Only Option 1 and Option 3 Option 2 Only Option 2 and Option 3 Option 3 Only
March April September ‐
December
2017 2018
November
2016
July AugustDecember January February January FebruaryMay June
11
Project Schedule
Costs
Section 5
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 18
Costs
Submitted by Bolton & Menk, Inc.
Costs
Our team understands the importance of delivering a project ontime and within budget. We closely monitor our time and
budget to ensure efficiency of our staff and value to our clients. Any issues relating to requested potential budget impacts will
be communicated in a timely manner.
We have provided three cost proposals. The difference in costs for each proposal is based on the public outreach approach.
Our total not-to-exceed fee will depend on the option the City chooses. We have also included the additional 20 hours of
work anticipated following the completion of this project under “Final Plan Approval.” Because we understand the proposed
scope of work, especially the public outreach component, is dynamic and subject to modification, our scope of services and
estimated fee is open to further negotiation. Please note there will be no charge for the services of our Principal-in-Charge.
Costs
Client: City of Prior Lake
Project: 2040 Comprehensive Plan Update
Task No. Work Task Description
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Hours
Total
Cost
1.0 Project Initiation 2 4 10 40000020$1,800
2.0 Public Outreach 12 30 80 50 0 0 34 20 4 230 $21,708
3.0 Data Gathering 0 0 24 24 0000048$4,560
4.0 Land Use Element 2 2 41 39 0000084$7,850
5.0 Housing Element 2 4 38 38 0000082$7,780
6.0 Final Product 2 4640080024$2,376
7.0 Plan Approval 2 6 10 40000022$2,080
Total Hours 22 50 209 163 0 0 42 20 4 510
Average Hourly Rate $148.00 $140.00 $80.00 $110.00 $160.00 $120.00 $112.00 $80.00 $50.00
Subtotal $0 $7,000 $16,720 $17,930 $0 $0 $4,704 $1,600 $200
$48,154
Detailed Cost Estimate
Total Not‐to‐Exceed Fee Option #1
Bolton & Menk, Inc.
Project Name
City of XXX, Minnesota Section X ‐ Page X
Client: City of Prior Lake
Project: 2040 Comprehensive Plan Update
Task No. Work Task Description
Pr
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Total
Hours
Total
Cost
1.0 Project Initiation 2 4 10 40000020$1,800
2.0 Public Outreach 12 32 88 62 0 0 30 20 6 250 $23,600
3.0 Data Gathering 0 0 24 24 0000048$4,560
4.0 Land Use Element 2 2 41 39 0000084$7,850
5.0 Housing Element 2 4 38 38 0000082$7,780
6.0 Final Product 2 4640080024$2,376
7.0 Plan Approval 2 6 10 40000022$2,080
Total Hours 22 52 217 175 0 0 38 20 6 530
Average Hourly Rate $148.00 $140.00 $80.00 $110.00 $160.00 $120.00 $112.00 $80.00 $50.00
Subtotal $0 $7,280 $17,360 $19,250 $0 $0 $4,256 $1,600 $300
Total Not‐to‐Exceed Fee Option #2 $50,046
Detailed Cost Estimate
Bolton & Menk, Inc.
Project Name
City of XXX, Minnesota Section X ‐ Page X
Option #1
Option #2
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 19
Costs
Submitted by Bolton & Menk, Inc.
Client: City of Prior Lake
Project: 2040 Comprehensive Plan Update
Task No. Work Task Description
Pr
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Total
Hours
Total
Cost
1.0 Project Initiation 2 4 10 40000020$1,800
2.0 Public Outreach 12 52 104 78 16 16 42 20 6 346 $35,264
3.0 Data Gathering 0 0 24 24 0000048$4,560
4.0 Land Use Element 2 2 41 39 0000084$7,850
5.0 Housing Element 2 4 38 38 0000082$7,780
6.0 Final Product 2 4640080024$2,376
7.0 Plan Approval 2 6 10 40000022$2,080
Total Hours 22 72 233 191 16 16 50 20 6 626
Average Hourly Rate $148.00 $140.00 $80.00 $110.00 $160.00 $120.00 $112.00 $80.00 $50.00
Subtotal $0 $10,080 $18,640 $21,010 $2,560 $1,920 $5,600 $1,600 $300
Total Not‐to‐Exceed Fee Option #3 $61,710
Detailed Cost Estimate
Bolton & Menk, Inc.
Project Name
City of XXX, Minnesota Section X ‐ Page X
Option #3
Conflict of Interest
Section 6
2040 Comprehensive Plan Update | City of Prior Lake, Minnesota 20
Conflict of Interest
Submitted by Bolton & Menk, Inc.
Conflict of Interest
Bolton & Menk, Inc. recognizes the importance of its municipal relationships and is committed to
working with all of its municipal clients to minimize actual or perceived conflicts.
Although a minor part of the firm’s total business, Bolton & Menk does provide service to some
private developers with industrial, commercial, and residential interests. In general, work with real
estate developers is less than 3% of the firm’s total billings. At this time, we are not aware of any
current clients with active projects within or adjoining the City.
In the past, Bolton & Menk has provided service to the Metropolitan Council, including MCES
and Metro Transit. We are currently concluding the Arterial Intersection Conversion Study for the
Transportation Division of the Metropolitan Council.
In providing engineering services to many municipalities and other public agencies in the Upper
Midwest, Bolton & Menk occasionally must address competing interests between our public clients.
Bolton & Menk has normally been able to ethically and successfully represent the overlapping
interests of its public clients by providing internal staff separation for the work performed. Prior to
accepting competing public project assignments, it is Bolton & Menk standard policy to notify the
City and the other public agency requesting services that a potential conflict may exist. We will then
make appropriate arrangements, such as re-assignment, to prevent any actual conflict of interest.
Conflict of Interest
Standard Agreement for Professional Services
This Agreement (“Agreement”) is made on the day of November, 2016, between the City of
Prior Lake, Minnesota (hereinafter "City"), whose business address is 4646 Dakota Street SE,
Prior Lake, MN 55372, and Bolton & Menk, Inc, whose business address is 12224 Nicollet
Avenue, Burnsville, MN 55337-1649.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of consultants to 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 completion of the Land Use Plan and Housing Plan for the 2040 Comprehensive
Plan Update 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 shown in
Exhibit A Scope of Work in connection with the Work. The terms of this Agreement shall
take precedence over any provisions of the Consultants proposal and/or general
conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City
reserves the right to reject any general conditions in such proposal.
2. Term. The term of this Agreement shall be from November 15, 2016 to March 1, 2018
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.
3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus
expenses in a total amount not to exceed $50,046 for the services as described in Exhibit
A.
A. Any changes in the scope of the work which may result in an increase to 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 utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by the
City.
C. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by reason of the delay.
Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
Standard Agreement for Professional Services Bolton & Menk 11/2016 Page 2 of 9
4. City Information. 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 provisions for the
Consultant to enter upon public and 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 or
criteria, including but not limited to, design and construction standards that may be
required in the preparation of the Work for the Project.
D. City'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, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
A. Progress 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 amount due for each project task. Consultant shall verify all
statements submitted for payment in compliance with Minnesota Statutes Sections
471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the
Consultant shall provide an itemized listing and such documentation as reasonably
required by the City. Each invoice shall contain the City’s project number and a
progress summary showing the original (or amended) amount of the contract,
current billing, past payments and unexpended balance of the contract.
B. Suspended Work. If any work performed by the Consultant is suspended in whole
or in part by the City, the Consultant shall be paid for any services set forth on
Exhibit A performed prior to receipt of written notice from the City of such
suspension.
C. Payments for Special Consultants. The Consultant shall be reimbursed for the
work of special consultants, as described herein, and for other items when
authorized in writing by the City.
D. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that
this account, claim, or demand is just and correct and that no part of it has been
paid.”
Standard Agreement for Professional Services Bolton & Menk 11/2016 Page 3 of 9
6. Project Manager and Staffing. The Consultant has designated Jane Kansier, Project
Manager, to serve on the Project. She shall be assisted by other staff members as
necessary to facilitate the completion of the Work in accordance with the terms established
herein. Consultant may not remove or replace the designated staff from the Project
without the approval of the City.
7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence
in the performance of its services as is ordinarily exercised by members of the profession
under similar circumstances in Scott County, Minnesota. Consultant shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Consultant's breach of this standard of care. Consultant
shall put forth reasonable efforts to complete its duties in a timely manner. Consultant
shall not be responsible for delays caused by factors beyond its control or that could not
be reasonably foreseen at the time of execution of this Agreement. Consultant shall be
responsible for costs, delays or damages arising from unreasonable delays in the
performance of its duties.
8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or
prepared or assembled by the Consultant under this Agreement which the City requests
to be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. The books, records, documents and accounting
procedures and practices of the Consultant or other parties relevant to this Agreement are
subject to examination by the City and either the Legislative Auditor or the State Auditor
for a period of six (6) years after the effective date of this Agreement. This Agreement is
subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13
(Data Practices Act). All government data, as defined in the Data Practices Act Section
13.02, Subd 7, which is created, collected, received, stored, used, maintained, or
disseminated by Consultant in performing any of the functions of the City during
performance of this Agreement is subject to the requirements of the Data Practice Act and
Consultant shall comply with those requirements as if it were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement shall contain similar
Data Practices Act compliance language.
9. 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
rendered and reimbursable expenses until the effective date of termination. If however,
the City terminates the Agreement because 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 consultant to undertake or complete the W ork identified herein.
10. 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 ten (10) days of the Consultant'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
Standard Agreement for Professional Services Bolton & Menk 11/2016 Page 4 of 9
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the 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.
11. Independent Consultant. Consultant is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who shall be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) shall have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement
herein shall be construed so as to find the Consultant an employee of the City.
12. Insurance.
a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of
operations by Consultant or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this
Paragraph, or required by law.
b. Consultant shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work:
Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit
$500,000 disease each employee
Commercial General Liability $1,500,000 property damage and bodily injury per
occurrence
$2,000,000 general aggregate
$2,000,000 Products – Completed Operations
Aggregate
$100,000 fire legal liability each occurrence
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.)
Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business contract).
Standard Agreement for Professional Services Bolton & Menk 11/2016 Page 5 of 9
There shall be no endorsement or modification of the Commercial General Liability
form arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors.
d. Professional Liability Insurance. In addition to the coverages listed above, Consultant
shall maintain a professional liability insurance policy in the amount of $2,000,000.
Said policy need not name the City as an additional insured. It shall be Consultant’s
responsibility to pay any retention or deductible for the professional liability insurance.
Consultant agrees to maintain the professional liability insurance for a minimum of two
(2) years following termination of this Agreement.
e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Prior Lake” as an additional
insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG
20 37 04 13, or their equivalent.
g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis.
h. All polices shall contain a waiver of subrogation in favor of the City.
i. All policies, except for the Worker’s Compensation Policy and the Professional Liability
Policy, shall be primary and non-contributory.
j. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Consultant under this Agreement.
k. Consultant agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of
the Work.
l. It shall be Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
m. All policies shall contain a provision or endorsement that coverages afforded
thereunder shall not be cancelled or non-renewed or restrictive modifications added,
without thirty (30) days’ prior notice to the City, except that if the cancellation or non -
renewal is due to non-payment, the coverages may not be terminated or non-renewed
without ten (10) days’ prior notice to the City.
n. Consultant shall maintain in effect all insurance coverages required under this
Paragraph at Consultant’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less
than A-, unless specifically accepted by City in writing.
o. A copy of the Consultant’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration
Standard Agreement for Professional Services Bolton & Menk 11/2016 Page 6 of 9
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Consultant has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the
required policies. City will not be obligated, however, to review such Certificate of
Insurance, declaration page, Rider, Endorsement or certificates or other evidence of
insurance, or to advise Consultant of any deficiencies in such documents and receipt
thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to
enforce the terms of Consultant’s obligations hereunder. City reserves the right to
examine any policy provided for under this paragraph.
p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the
specified insurance, then Consultant will defend, indemnify and hold harmless the City,
the City's officials, agents and employees from any loss, claim, liability and expense
(including reasonable attorney's fees and expenses of litigation) to the extent necessary
to afford the same protection as would have been provided by the specified insurance.
Except to the extent prohibited by law, this indemnity applies regardless of any strict
liability or negligence attributable to the City (including sole negligence) and regardless
of the extent to which the underlying occurrence (i.e., the event giving rise to a claim
which would have been covered by the specified insurance) is attributable to the
negligent or otherwise wrongful act or omission (including breach of contract) of
Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that
this indemnity shall be construed and applied in favor of indemnification. Consultant
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with that
applicable law. The stated indemnity continues until all applicable statutes of limitation
have run.
If a claim arises within the scope of the stated indemnity, the City may require Consultant
to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Consultant's insurance company.
Consultant will take the action required by the City within fifteen (15) days of receiving
notice from the City.
13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages,
costs and expenses, including a reasonable amount as and for its attorney’s fees paid,
incurred or for which it may be liable resulting from any breach of this Agreement by
Consultant, its agents, contractors and employees, or any negligent or intentional act or
omission performed, taken or not performed or taken by Consultant, its agents, contractors
and employees, relative to this Agreement. City will indemnify and hold Consultant
harmless from and against any loss for injuries or damages arising out of the negligent
acts of the City, its officers, agents or employees.
14. Ownership of Documents. All plans, diagrams, analyses, reports and information
generated in connection with the performance of the Agreement (“Information”) shall
become the property of the City, but Consultant may retain copies of such documents as
Standard Agreement for Professional Services Bolton & Menk 11/2016 Page 7 of 9
records of the services provided. The City may use the Information for its purposes and
the Consultant also may use the Information for its purposes. Use of the Information for
the purposes of the project contemplated by this Agreement (“Project”) does not relieve
any liability on the part of the Consultant, but any use of the Information by the City or the
Consultant beyond the scope of the Project is without liability to the other, and the party
using the Information agrees to defend and indemnify the other from any claims or liability
resulting therefrom.
15. 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 with regard to public assistance,
disability, sexual orientation or age. The Consultant shall post in places available to
employees and applicants for employment, notices setting forth the provision of this non-
discrimination clause and stating that all qualified 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 subcontract s for
program work. The Consultant further agrees to comply with all aspects of the Minnesota
Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of
1964, and the Americans with Disabilities Act of 1990.
16. Compliance with Laws and Regulations. In providing services hereunder, the
Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. 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
17. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall
be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with
the American Arbitration Association and the other party. No arbitration or legal or
equitable action may be instituted for a period of 90 days from the filing of the request for
mediation unless a longer period of time is provided by agreement of the parties. Cost of
mediation shall be shared equally between the parties. Mediation shall be held in the City
of Prior Lake unless another location is mutually agreed upon by the parties. The parties
shall memorialize any agreement resulting from the mediation in a mediated settlement
agreement, which agreement shall be enforceable as a settlement in any court having
jurisdiction thereof.
18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
19. Services Not Provided For. No claim for services furnished by the Consultant not
specifically provided for herein shall be honored by the City.
20. 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
decision shall not affect the remaining provisions of this Agreement.
Standard Agreement for Professional Services Bolton & Menk 11/2016 Page 8 of 9
21. 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 subject 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.
22. 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.
23. Governing Law. This Agreement shall be controlled by the laws of the State of
Minnesota.
24. Conflicts. No salaried officer or employee of the City and no member of the Council of
the City shall have a financial interest, direct or indirect, in this Agreement. The violation
of this provision renders the Agreement void.
25. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be considered an original.
Executed as of the day and year first written above.
CITY OF PRIOR LAKE
Mayor
City Manager
BOLTON & MENK, INC.
By:
Its:
Standard Agreement for Professional Services Bolton & Menk 11/2016 Page 9 of 9
EXHIBIT A
Scope of Work
(Bolton & Menk 2040 Comprehensive Plan Update Proposal to be attached)