SDDOT - Public Hearings, Meetings, & Meeting Agendas Testing

2/26/2009

Transportation Commission February 26, 2009
TRANSPORTATION COMMISSION MEETING
February 26, 2009
PIERRE, SOUTH DAKOTA

Present: Ralph Marquardt, Chairman
Jim Spies, Vice Chairman
Jerry Shoener, Member
Rod Fouberg, Member
Bob Benson, Member
John Kranz, Member
Sam Tidball, Member

VIA Phone: Dick Gregerson, Member, Mark Cotter, City of Sioux Falls

Absent: Mike Trucano, Member

Others in Attendance: Toby Crow, AGC, Bob Mercer, AP, Terry Wooster, AP, John
Rohlf, FHWA, Laurie Schultz, Brosz Engineering, Bob
Wilcox, SDACC, Merl Hanson, Hamlin City Highway,
Raymond Roggow, Union Co. Hwy Dept, Michael Meyer,
Hughes Co Hwy Dept, John Howardson, Clark Co Hwy Dept, and Jerry Batien, Beadle Co Hwy Dept.

DOT Staff: Darin Bergquist, Kevin Tveidt, Kellie Beck, Mike Behm, Bill Nevin, Greg Fuller, Joel Jundt, Dean Van DeWiele, Joel Gengler, Paul Knofczynski, Bruce Lindholm, Jason Humphrey, Ryan Johnson, Tim Bjorneberg, Sam Weisgram, Connie Johnson, Ben Orsbon, Chris Ott, Amy Brady, and Amy Campbell.

Chairman Marquardt called the meeting to order at 9:03 a.m.

Motion by Shoener, seconded by Spies, to approve the February 19, 2009, Conference Call Minutes. Motion carried (all ayes).

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Bill Nevin, Legal Counsel, presented information regarding proposed changes in speed
zone rules 70:01:02:03 (1) in Brown County and 70:01:02:30 (3) in Gregory County, and traffic safety rule 70:01:03:34 in Clay County.

Motion by Tidball, seconded by Kranz, to approve the proposed recommended changes. Motion carried (all ayes).

Resolution Number 2009-02.01 was approved

Bill Nevin, Legal Counsel, presented an update regarding the DM&E Hearing. All parties
have submitted their final briefs. Justice Miller will hopefully have his proposed decision by next week. This will be distributed to the commissioners and they will need to hold a meeting to discuss what action they want to take.

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Secretary Bergquist discussed bills in the Legislature that that fall under DOT topics such as funding. There were numerous bills up in the Senate, none of which passed, which would have provided additional state highway funding through various methods -- increase in vehicle excise tax, 1% fuel excise tax, and increase in the gas tax. The House has a few bills remaining that provide local transportation funding that may be options for possible amendment to include state highway funding increase.

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Jason Humphrey, Construction and Maintenance Engineer, presented the following construction change order for the Aberdeen Region:

ABERDEEN REGION

Project: IM 0295(31)141, Brookings County, PCN 6564 $ 181,463.36
Contractor: Progressive Contractors Incorporated
Type of Work: Nonreinforced PCC Pavement and Guardrail
Location: I-29 NBL from north of SD 30 exit to north of SD 28 exit

Project: P 0020(70)344, Clark County, PCN 003F $ 95,277.95
Contractor: Border States Paving, Inc.
Type of Work: Cold Milling Asphalt Concrete, Cold in Place Recycling, Asphalt Concrete Resurfacing, & Slope Flattening of Approaches
Location: SD 20 from SD 37 east to east of Crocker

Project: P 0045(36)182, Edmunds County, PCN 01GE $ (146,301.80)
Contractor: Jensen Rock & Sand, Inc.
Type of Work: Asphalt Surface Treatment
Location: Various routes in the Aberdeen area

Jason Humphrey, Construction and Maintenance Engineer, presented the following construction change order for the Mitchell Region:

MITCHELL REGION

Project: P 6112(01), Minnehaha County, PCN 00B4 $ (112,487.58)
Contractor: McLaughlin & Schulz, Inc.
Type of Work: Cold Milling Asphalt Concrete, Asphalt Concrete Resurfacing, and Precast Concrete Box Culvert
Location: County highway 148 from south of Hartford east 7 miles

Project: P 0281(75)59, Aurora County, PCN 5632 $ (89,539.73)
Contractor: Foothills Contracting, Inc.
Type of Work: Grading, Structures, PCC Pavement, Interim Surfacing, & Permanent Signing
Location: US 281 for south of SD 42 north to SD 258

Jason Humphrey, Construction and Maintenance Engineer, presented the following construction change order for the Pierre Region:

PIERRE REGION

Project: P 0044(65)133, Jackson County, PCN 003I $ 74,357.85
Contractor: Bituminous Paving, Inc.
Type of Work: Cold Milling Asphalt Concrete, Asphalt Concrete Resurfacing, Slope Flattening, Mainline Pipe Repair, & Contractor Furnished Asphalt Concrete
Location: SD 44 west of Wanblee

Project: P 3804(16)256, Hughes County, PCN 6394 $ 50,922.25
Contractor: Foothills Contracting, Inc.
Type of Work: Grading, Shoulder Widening, Asphalt Concrete Surfacing, Asphalt Concrete Overlay, & Structures
Location: SD 1804 from Oahe Dam north to Cow Creek

Project: P 0073(37)78, Haakon County, PCN 003J $ 58,340.29
Contractor: Border States Paving, Inc.
Type of Work: Cold Milling Asphalt Concrete, Asphalt Concrete Resurfacing, Process in Place Surfacing, Slope Flattening, & Research Test Section
Location: SD 73 from I-90 to Philip

Jason Humphrey, Construction and Maintenance Engineer, presented the following construction change order for the Rapid City Region:

RAPID CITY REGION

Project: EM 0902(39)61, Pennington County, PCN 1939 $ (52,596.50)
Contractor: Stanley J. Johnsen Concrete Contractor
Type of Work: Grading, Curb & Gutter, Storm Sewer, AC & PCC Pavement, Structures, Pavement Marking, Roadway Lighting, Landscaping, and Signals
Location: I-90 and exit 61 (Elk Vale Road) in Rapid City

Project: P 0073(43)146, Meade County, PCN 00J7 $ (109,423.75)
Contractor: Border States Paving, Inc.
Type of Work: Cold Milling Asphalt Concrete, Slope Flattening Approaches, Asphalt Concrete Resurfacing, & Guardrail
Location: SD 73 from SD 34 to south of Faith

Project: P 0034(99)96, Meade County, PCN 00HJ $ (57,651.54)
Contractor: Border States Paving, Inc.
Type of Work: Cold Milling Asphalt Concrete, Slope Flattening Approaches, & Asphalt Concrete Resurfacing
Location: SD 34 from east of White Owl to the Ziebach county line

Project: P-PH 0044(31)43, Pennington County, PCN 5617 $ (123,527.24)
Contractor: Heavy Constructors, Inc.
Type of Work: Grading, Curb & Gutter, Storm Sewer, PCC Pavement, Traffic Signals, Pavement Marking, & Permanent Signing
Location: Mountain View Road in Rapid City

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Joel Jundt presented to the Commission ARARA Funds to local governments. He advised with the passage of the bill, the Commission needed to make a determination of what funds would be suballocated to the local governments. The recommendation of the DOT was to utilize the current formula percentages that are in place for distributing STP funds. He provided them a table that showed the proposed breakdown for each county and Class 1 city (cities with population greater than 5000) based on the $183 million dollars that South Dakota was to receive.

Mark Cotter with the City of Sioux Falls, addressed the Commission asking for more money be allocated to the Sioux Falls area as well as other high traffic areas. He also encouraged the State to contact the larger metro areas prior to deciding the phase 2 projects. This would provide an opportunity for them to give input as well as coordinate projects within the proposed improvement location.

Secretary Bergquist passed along information from Minnehaha County. Minnehaha County made four points. 1) They are disappointed with the amount of the economic stimulus package for local governments. 2) Their highway needs far exceed the amount of any possible economic stimulus funds. 3) They have projects ready to go. 4) They ask the Commission do what they can do and please do not forget about them.

Bob Wilcox, SDACC, addressed the Commission. He wanted to thank Secretary Bergquist and his staff at the DOT for speaking with him and working with him. He says he is ready and can spend their allocated funds within the 12 months.

Motion by Tidball, seconded by Fouberg, to allow the cities and counties to have the option of replacing their ARRA funds with normal Surface Transportation Program (STP) and state matching funds on a one-to-one basis. Motion carried.

Motion by Gregerson to double the local government share of the economic stimulus funds over the customary amount in the existing formula. This motion was not seconded.

Motion by Benson, seconded by Fouberg, that if the Class 1 cities and counties elect to use STP funds in lieu of the ARRA funds, those entities that currently have negative balances in the STP accounts would be allowed to spend these funds and not require them be used to retire their debt. Motion carried.

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Joel Gengler, Right of Way Program Manager, presented the following right-of-way items for Commission consideration:

1. Request for Permanent Easement – Hughes County
The proposed easement to the City of Pierre would allow placement of underground public utilities within the north fifty feet and the west sixty feet of Lot “R” (Lot “R” of Outlot 1 of Cunninghams Outlots in the E1/2 SW1/4 of Section 2, Township 110 North, Range 79 West). The utilities will service the proposed
new jail facility. The sixty foot width is necessary due to the existing lowland drainage within the easement property. The Grantees accept financial and future maintenance responsibilities for any public utilities construction within the easement property.

Motion by Tidball, seconded by Spies, to approve request for permanent easement in Hughes County. Motion carried (all ayes).

2. Dispose of Excess Property – Roberts County
Request approval to dispose of the following property: Lot C1 in the E1/2 SW1/4 of Section 36, Township 128 North, Range 50 West, Roberts County, South Dakota. (Appraised value: $7,000.00).

The above property contains 31.45 acres purchased in 1973 and used as a borrow pit. Lot C1 is largely wetlands and located two miles south of Exit 246 on the east side of I29 or approximately three miles southeast of New Effington. Access will not be allowed to I29. Watertown Area advises the property is not needed for future department use.

Motion by Shoener, seconded by Tidball, to approve dispose of excess property in Roberts County. Motion carried (all ayes).

3. Abandonment – Deuel County
This resolution will abandon Lot AB1 in a portion of Lot H1 in the SW1/4 of Section 14, Township 117 North, Range 49 West, Deuel County, South Dakota. Lot AB1 contains 1.16 acres, more or less.

This right of way is no longer needed for highway purposes and both the Region/Area and Road Design concur with this abandonment.

Motion by Kranz, seconded by Spies, to approve abandonment in Deuel County. Motion carried (all ayes).

Resolution Number 2009-02.02 was approved

4. Abandonment – Brule County
This resolution will abandon Lots AB1 in a portion of Lot H1 of the City Reservoir
Block in Third Addition to the City of Chamberlain and the East Half of vacated Sterns Avenue, located in the SW1/4 of Section 15, Township 104 North, Range 71 West, Brule County, South Dakota. Lot AB1 – City Reservoir Block in Third Addition to the City of Chamberlain – contains 11,380 sq. ft. (0.261 acre), more or less. Lot AB1 – East Half of vacated Sterns Avenue – contains 1,666 sq. ft. (0.038 acre), more or less.

This right of way is no longer needed for highway purposes and both the Region/Area and Road Design concur with this abandonment.

Motion by Benson, seconded by Shoener, to approve abandonment in Brule County. Motion carried (all ayes).

Resolution Number 2009-02.03 was approved

5. Abandonment – Winner Roadside Park (Brandon Springs) – Tripp County
This resolution will abandon the Winner Roadside Park (Brandon Springs). The
Department held approximately 3.81 acres, located in the SE1/4 SE1/4 of
Section 2, Township 98 North, Range 76 West, Tripp County, South Dakota as
an easement, to be used for a roadside park. This park was also located in
Lot H5 in the same legal description. With this abandonment the property will revert back to the previous owner.

Motion by Benson, seconded by Tidball, to approve abandonment in Tripp County. Motion carried (all ayes).

Resolution Number 2009-02.04 was approved

6. Abandonment – Pennington County
This resolution will abandon Lot AB 1 in a portion of Lot H1 of the SE1/4 of Section 11, Township 1 North, Range 7 East of the B.H.M., Pennington County, South Dakota and Lot H1 SW1/4 of Section 11, Township 1 North, Range 7 East of the B.H.M., Pennington County, South Dakota.

This abandonment is part of Tower Roads near Rapid City and is no longer needed for highway purposes. The Region/Area and Road Design have concurred with this abandonment.

Motion by Shoener, seconded by Fouberg, to approve abandonment in Pennington County. Motion carried (all ayes).

Resolution Number 2009-02.05 was approved

7. Condemnation – IM 2292(85)7 – PCN 01FS – Minnehaha County
Intersection of Rice Street and SB Off Ramp of I229 and Rice Street between
I229 SB and NB Ramps
A. Parcel 1 – Burlington Northern Railway Company

Motion by Tidball, seconded by Kranz, to approve condemnation in Minnehaha County. Motion carried (all ayes).

Resolution Number 2009-02.06 was approved

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Mike Behm, Assistant Director of Planning & Engineering, presented the 2009-2013 Statewide Transportation Improvement Program Revisions 09-010, 09-016, 09-017, and transit revision 09-001 to the Commission for their approval.

Motion by Tidball, seconded by Spies, to approve the 2009-20013 Statewide Transportation Improvement Program Revisions 09-010, 09-016, 09-017, and Transit Revision 09-001. Motion carried (all ayes).

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Joel Jundt presented the Commission with the award of bid BRF-3-1(75)—38-75. This structure is located on SD 50 on the SD/Iowa border. The two states entered into an agreement for maintenance and construction of structures on their borders some time ago. The agreement stipulates when reconstruction is required, the total cost is to be shared for this structure is 50/50. The state of Iowa provided the design and will provide the contract administration. Four bids were received and even though the low bid was 11.2% higher than the engineers estimate, both states feel we received competitive bids. Approval of the award of this contract was recommended to the Commission.

Motion by Shoener, seconded by Kranz, to award the above project to the low bidder subject to required concurrences. Motion carried (all ayes).

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Greg Fuller, Director of Operations, presented to the Commission the sequencing of construction for the Interstate 90 Exit 30 project at Sturgis.

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There being no further business, at the hour of 11:56 a.m. the Transportation Commission adjourned.

Submitted by

Amy Campbell Approved by

Darin Bergquist
Secretary

The next scheduled meeting is March 4, 2009, at 9 a.m., in the DOT Commission Room for a meeting on the DM&E issue.
The next scheduled meeting is March 26, 2009, at 9 a.m., in the DOT Commission Room.